
Class 11^11^51 



Book_'_P^^ 



COPYRIGHT DEPOSIT 



ADVANCED CIVICS 

THE SPIRIT, THE FOEM, AND 
THE FUNCTIONS OF THE 
AMERICAN GOVERNMENT 

BY 

S. E. FORMAN, PH.D. 



The best laws, though sanctioned by every citizen of the State, 
will be of no avail unless the young are trained by habit 
and education in the spirit of the Constitution. — Aristotle. 




NEW YORK 

THE CENTUEY CO. 
1912 






Copyright, 1905, 1912, by 
The Century Co. 



SCLA8IG62I 



PREFACE 

While preparing this book I constantly kept in mind the 
truth that instruction in Civics should have for its highest 
aim the indoctrination of the learner in sound notions of 
political morality, and I attempted to assist the teacher in 
achieving this aim wherever such assistance seemed to be 
practicable. 

The plan followed in the development of the subject is the 
outgrowth of class-room experience, and is one which has 
proved to be particularly successful in awakening and sus- 
taining interest. In Part I the underlying principles of our 
government are presented. The essentials are placed first in 
order, that the learner may at the outset begin to be imbued 
.7ith the true American spirit. In Part II is an account of 
he governmental machine. In Part III the every-day work 
^f government is considered and the practical problems con- 
nected with the work are discussed. 

"While preparing the first edition I was greatly assisted by 
ie suggestions and criticisms of Dr. J. M. Callahan, Pro- 
-3ssor of History and Political Science in the University of 
West Virginia; by Dr. A. C. Bryan of the High School of 
Commerce, New York ; and by Dr. CoUyer Meriwether of the 
Business High School, Washington, D. C. In the work of 
revising successive editions I have received valuable hints 
from the following gentlemen who have used the book: Dr. 
W. A. Wetzel, Principal of High School, Trenton, New Jer- 
sey; Dr. William T. Fairley, Commercial High School, 
Brooklyn, New York; Mr. E. E. Hill, Chicago Normal School, 
Chicago, Illinois; Mr. Charles I. Parker, Principal of the 
South Chicago High School, Chicago, Illinois; Dr. P. L. 
Kaye, Baltimore City College, Baltimore, Maryland. 

S. E. Form AN. 

April, 1909. 



CONTENTS 

PAET I 

THE ESSENTIAL PRINCIPLES OP THE AMERICAN GOVERNMENT: 

THE SPIEIT 



GOVBENMENT 

PAGE 

Society and Government 3 

The Evolution of the State 4 



Types of Government 



II 

POPULAE GOVEENMENT 

Popular Government Defined; Majority Eule 9 

The Growth of Democracy 10 

Democracy in the United States 12 

Why Popular Government is the Best 12 

The Dangers of Popular Government 13 

Democracy and the Individual 15 



III 

EEPEESENTATIVE GOVEENMENT 

Eepresentative Democracy 17 

Growth of Eepresentative Government 17 

Eepresentative Government in the United States 19 

Principles of Eepresentation 19 

The Eepresentation of the Minority 20 

The People and their Eepresentatives 21 

vii 



viii CONTENTS 

IV 

THE THEEE DEPAETMENTS OF GOVEENMENT 

PAGE 

How the Power of Government is Separated 24 

The Development of the Three-Department System 24 

The Three-Department System in the United States 25 

The Legislature « 26 

The Judiciary 27 

The Executive 28 

Independence of the Departments 28 



V 

CONSTITUTIONAL GOVEENMENT 

Charters 31 

Constitutions 32 

General Features of a Constitution 34 

How Constitutions Obtain their Authority 34 

The Amendment and Eevision of Constitutions 35 

Constitutions the Safeguard of Liberty 36 



VI 

FEDEEAL GOVEENMENT 

The Different Kinds of Political Unions 38 

The Complexity of American Government 39 

The Growth of Federalism in America 39 

The Articles of Confederation 41 



VII 

THE DISTEIBUTION OF POWEES 

Efforts to Strengthen the Confederation 46 

The Constitutional Convention of 1787 47 

How the Convention Distributed Power 49 

Implied and Eesulting Powers of the Federal Government ... 51 

Limitations of the Federal Government 52 

How the Federal Constitution is Amended 53 



CONTENTS ix 

VIII 
THE STATE 

PA/JE 

General Features of a State Government 55 

The Powers of the State 56 

The Conflict of Federal and State Authority 57 

Interstate Eolations 58 

Federal and State Eelations 59 

IX 

THE EXPANSION OF THE FBDEEAL UNION 

The Admission of New States 63 

The Admitted States East of the Mississippi 63 

The Louisiana Purchase 67 

The Texas Annexation 69 

The Oregon Country 69 

The Mexican Cession , 69 

The Spirit of Federal Expansion 70 

X 

LOCAL GOVEENMENT 

The Division of the Powers of the State 72 

The Three Grades of Government 73 

The Eolation of the State to Local Governments 74 

XI 

PAETY GOVEENMENT 

The Origin of Political Parties 79 

The Origin of Political Parties in the United States 79 

Historical Sketch of Parties in the United States 81 

The Elasticity of Party Principles 83 

Political Parties and the Individual 84 



XII 

CIVIL LIBEETY 

Civil Liberty Defined 87 

The Growth of American Civil Liberty 87 

Constitutional Liberty and its Preservation 92 



X CONTENTS 

XIII 
CIVIL EIGHTS AND DUTIES 

PAGE 

Civil Eights and Political Eights 95 

Who are Citizens 95 

The Civil Eights of State Citizenship 96 

The Civil Eights of Federal Citizenship 98 

The Duties of Citizenship 100 

XIV 

POLITICAL EIGHTS AND DUTIES 

The Origin of Political Eights 102 

The Elective Franchise 102 

Political Eights Conferred by State Authority 103 

The Qualifications of Voters 104 

Female Suffrage 105 

The Eight of Holding Office 105 

Duties of a Voter 105 

XV 

A EEVIEW 

The Characteristic Features of American Government 108 

The American Spirit 109 



PAET II 

THE ORGANIZATION OF THE AMERICAN GOVERNMENT: 

THE FOEM 

XVI 

THE OEGANIZATION OP CONGEESS 

Eepresentation in Congress 115 

The Apportionment of Eepresentatives 118 

The Election of Eepresentatives 119 

The Election of Senators 120 

Congress the Focus of American Political Life 120 



CONTENTS xi 

XVII 
CONGEESS AT WOEK 

PAGE 

The Assembling of Congress and its Adjournment 123 

The House at Work 124 

The Senate at Work 127 

The Powers of Congress 129 

XVIII 

THE PEESIDENCY 

The Election of the President 132 

The Powers and Duties of the President 134 

The President's Share in Law-making 135 

Succession to the Presidency 136 

The President as a Political Personality 137 

XIX 

THE FEDEEAL EXECUTIVE DEPAETMENTS 

The Cabinet 139 

The Work of the Departments 140 

The Organization of a Department 142 

Executive Work Outside the Departments 143 

The National Civil Service 143 



XX 

THE FEDEEAL JUDICIAEY 

The Independence of the Federal Judiciary 147 

The Organization of the Federal Courts 148 

Federal Courts Outside the Federal System 150 

Ofla.cers of the Federal Courts 151 

The Kinds of Cases Tried in the Federal Courts 151 

XXI 

THE FEDEEAL JUDICIAEY AT WOEK 

Explanation of Terms 155 

The Jurisdiction of the Four Grades of Federal Courts .... 155 

The Supreme Court and the Constitution 157 

The Supreme Court and the People 160 



xii CONTENTS 

XXII 
THE STATE LEGISLATUEE 

PAGE 

The Origin of State Legislatures 162 

General Features of State Legislatures 163 

The Passage of Bills 163 

The Importance of State Legislation 165 

The State Legislature and the State Constitution 166 

The Initiative and Referendum 167 



XXIII 

THE STATE EXECUTIVE 

The Distribution of Executive Functions 170 

The Executive Departments 170 

The Concentration of Power in the Hands of the Governor . . . 174 

XXIV 

THE STATE JUDICIARY 

The Selection of the State Judiciary 177 

The Several Grades of State Courts 177 

Intermediate Courts of Appeal 180 

Probate, County and Chancery Courts 183 

The Relation of the State Judiciary to the Federal Judiciary . . 181 

The Powers of the State Judiciary 181 

XXV 

TERRITORIES AND DEPENDENCIES 

Territories and Dependencies Governed by Congress 184 

Territories and Dependencies on the American Continent . . . 185 

Insular Territories and Dependencies 189 

The Attitude of the United States toward Dependencies .... 192 



XXVI 

THE COUNTY 

The Importance of Local Government 195 

The County in the South and Southwest 195 

The County of the Middle States and the West o . 196 



CONTENTS xiii 

PAGE 

The County in New England 197 

The Organization of a Typical County Government 197 

The Citizen and his County 200 



XXVII 

THE TOWN 

The Origin and Character of the Early New England Town . . . 203 

The Town-meeting 205 

Town Officers 206 

The Town as a Factor in the Civic Life in New England .... 207 

Town Government Outside of New England 208 



XXVIII 

THE TOWNSHIP 

The County-township System 210 

The Two Types of the County-township System 210 

The Powers of the Township 212 

The Organization of the Township 213 

The Township a School for Good Citizenship 214 



XXIX 

MUNICIPALITIES 

The Necessity for Municipal Incorporations 216 

The Two Classes of Municipalities 217 

Villages, Boroughs, Towns 218 

The Organization of Cities 218 

The Sphere of Municipal Activity 222 



XXX 

PAETY ORGANIZATION 

The Nomination of Candidates 225 

The Development of Party Organization 225 

Permanent Party Organization 226 

Party Conventions 227 

The Presidential Campaign 230 

The Election of the President 231 



xiv CONTENTS 

PAET III 

THE FUNCTUONS OF THE AMERICAN GOVERNMENT: 

ITS SEKVICES 

XXXI 

THE FUNCTIONS OF GOVEENMENT 

PAGE 

The Scope of Governmental Activity 235 

Government and the Individual 236 

Individualism, Liberalism and Socialism 239 

XXXII 

LAWS 

What a Law is ; the Different Kinds of Laws 242 

Some of the Characteristic Features of Law 244 

Law-making and Public Opinion 245 

Obedience to Law . 247 



XXXIII 

DEFENSE 

Defense an Indispensable Function of Government 249 

National Defense 249 

State Defense 253 

Local Defense 253 

Civil Government and Martial Law 254 



XXXIV 

INTEENATIONAL EELATIONS 

International Affairs Eegulated by the Federal Government . . . 256 

International Law 256 

Ambassadors, Ministers and Consuls 258 

Treaties 260 

Arbitration 261 



CONTENTS XV 

XXXV 
TAXATION 

PAGE 

The Cost of Government 265 

The Source of the Taxing Power 266 

The DifPerent Kinds of Taxes 266 

Direct and Indirect Taxation 268 

The Principles which should Govern in the Levying of Taxes . . 269 

XXXVI 

NATIONAL FINANCE 

The Extent of the Federal Taxing Power 272 

National Expenditures 272 

Federal Taxation— (Indirect) 274 

The Collection of Federal Taxes 275 

Direct Federal Taxes 276 

XXXVII 

STATE FINANCE 

The Taxing Power of the State 280 

The Authority for State Expenditures 280 

Taxation in the State 281 

Local Taxation 286 

XXXVIII 

PUBLIC DEBT 

Public Debt a Necessity 288 

How Government Borrows Money 288 

The National Debt 289 

State Debt 290 

The Debts of Local Governments 291 

How Public Debts are Paid 293 

XXXIX 

PEOBLEMS OF TAXATION 

The Difficulties of Taxation 296 

The Corporation Tax 298 

The Income Tax 299 

Graduated or Progressive Taxation 301 

The Single Tax 301 



xvi CONTENTS 

XL 

MONEY 

PAGE 

The Different Kinds of Money 304 

Silver and Gold 305 

The Coinage of Monej 306 

Paper Money 307 

Eepresentati-ve Money 309 



XLI 

METALLIC CUREENCY 

Definition of '' Currency " 311 

Coinage before 1873 r , 311 

Coinage since 1873 .■ . 313 

Subsidiary Coinage 315 

Bimetallism and Monometallism 316 

International Bimetallism 316 



XLII 

PAPER CURRENCY 

Bank Notes and Government Notes 319 

The United States Banks 319 

State Banks 320 

National Banks 321 

United States Notes 322 

The Essential Facts of Our Monetary System 325 

The Amounts of the Several Kinds of Currency 325 



xLin 

FOREIGN COMMERCE 

The Power of Congress over Foreign Commerce 328 

The Tariff; Free Trade and Protection 329 

Tariff Legislation in the United States 330 

Regulations of Foreign Shipping 333 

The Regulation of Immigration 334 



CONTENTS xvii 

XLIV 
DOMESTIC COMMEECE 

PAGE 

Interstate and Intrastate Commerce 337 

The Eegulation of Interstate Commerce 338 

The Interstate Commerce Commission 339 

Intrastate Commerce 339 

The Transmission of Intelligence 341 



XLV 

ELECTIONS 

The Importance of Elections 344 

Elections Conducted by State Authority 344 

Eegistration 345 

The Casting and Counting of the Ballots 345 

The Advantages and Disadvantages of Secret Elections .... 346 

Bribery 347 

The Usefulness of Frequent Elections 349 



XLVI 

EDUCATION 

Education a Function of Government 351 

Education and Democracy 351 

Public Education Controlled by the State 352 

Education a Local Affair 353 

The School District 353 

School Supervision 354 

The Support of the Public Schools 355 

Common Schools, High Schools, Universities and Normal Schools . 356 

The Educational Activities of the Federal Government .... 356 



XL VII 

COEPOEATIONS 

Corporations Created by State Authority 360 

The Corporation in Modern Life 361 

The Evolution of Corporate Industry 361 

The Trust Problem 363 



xviii CONTENTS 

XLVIII 
LABOE 

PAGE 

The Growth of Labor Organizations 369 

Government and the Workingman 371 

The Settlement of Labor Disputes 373 

The Labor Problem 375 

XLIX 

CEIME 

The Definition of Crime 377 

The Punishment of Crime 378 

Crime and the State Government 378 

Crime and the Federal Government 380 

The Prevention of Crime and the Treatment of Criminals . . . 381 

L 

CHARITIES 

Charity a Function of Government 385 

The Care of the Poor a Function of Local Government .... 385 

Outdoor and Indoor Relief 386 

The Defective Classes . 387 

State Boards of Charities 387 

Organized Charity 388 

LI 

THE POLICE POWER OF THE STATES 

The Police Power Defined 390 

The Police Power Exercised by the State 391 

The Public Health 391 

The PubUc Safety 392 

The Public Morality 393 

Appendix A. The Constitution of the United States of America . 397 

Appendix B. The First Written Constitution 421 

Appendix C. The Ordinance of 1787 427 

Appendix D. Home Rule for Cities . - 435 

Index - 445 



PART I 

THE ESSENTIAL PEINCIPLES OF THE 

AMERICAN GOVERNMENT: 

THE SPIRIT 



ADVANCED CIVICS 



GOVERNMENT 

Society and Government. Man is impelled by the nature 

of his being to seek the companionship of man. Just as in- 
stinct brings birds together in flocks and causes bees to 
swarm and buffaloes to roam in herds, so by instinct men 
come together and live in groups. This disposition of men 
to live in groups is described by the word social (socius), 
which in its origin means partaking of, sharing. A body 
of persons united by this social instinct, this desire to share 
and participate with others in the fortunes and misfortunes 
of life, is a society. 

If man could live separate from all of his kind his freedom 
would be perfect; his conduct would depend entirely upon 
his own will and desires. But he cannot live thus. He must 
live in society, and in the social relation he must do things 
that he does not wish to do, and he must refrain from doing 
things that he wishes to do. Wild, unrestrained freedom 
would destroy the peace and safety of the social group. In 
every society, therefore, there are rules (laws) to be obeyed 
and rulers to enforce the rules. The authority which imposes 
rules upon the conduct of men and punishes those who dis- 
obey is government. The word government is derived from 
a Latin word (guhernare) which means to guide or steer 
or pilot a ship. The idea of piloting or guiding clings to 
the word government in all its uses. We may say, with 
exactness of language, that government pilots society safely 
through the sea of man's passions and cruelty and selfish- 



4 THE AMERICAN GOVERNMENT 

ness. The manifold services of government will receive at- 
tention in another place (p. 235). Here it is enough to say 
that government lays its hands upon us in our infancy and 
is a guiding and controlling force all our lives. If it is wise 
and just and efficient it is an instrument of happiness; if it 
is foolish or tyrannical or incapable, it is an agency of 
misery. Our interest, therefore, in securing and maintain- 
ing a good government is direct and permanent. 

The Evolution of the State. The governments of the earth 
as we see them to-day are the product of thousands of years 
of growth, revolution, and change. History does not give 
a clear account of the beginnings of government, but it takes 
us back to a time when society was extremely rude, and when 
government was a very simple affair. A study of early 
society reveals the following development of government: 

I. The Family. At the dawn of history society was or- 
ganized upon the basis of kinship and religion, and in this 
organization the family was the center of much govern- 
mental authority. At the head of the family, consisting of 
parents, children, grandchildren, servants, dependents, and 
adoptive members, stood the house-father (patriarch) as 
priest and ruler. The power of the father, or pater familias, 
over the lives and possessions of the members of the house- 
hold was absolute. He could pronounce the death sentence 
upon a child, or could sell it into slavery. No member might 
marry without the consent of the father, nor could any 
member hold property in his own name. As far as the 
members of the family were (?onoemed the father was the 
source of all authority. 

II. The Tribe. We are not certain, however, that the 
government of the family was ever a sovereign government. 
A sovereign government exercises within itself all power and 
supreme power and is independent of and uncontrollable by 
any other government. There is no proof that the family 
was ever a government of this kind. No matter how far 
back we go, we always find evidence that the family was in 



GOVERNMENT 5 

some way subordinated to a larger government which we 
may conveniently call the trihe, and which consisted of a 
union of families which had a common earthly ancestor, 
and which worshiped the same God. At the head of the 
tribe, as its chief and high priest, stood that kinsman who 
by birth was nearest to the common ancestor. The chief 
was assisted in matters of government by the heads of the 
families which composed the tribe. 

III. The State. The last step in the evolution of gov- 
ernment was taken when tribes coalesced and formed the 
nation or state. The earliest state was still organized on 
the basis of kinship, as the word nation (natus) indicates. 
There was still a remote ancestor who was the common fore- 
father of every person in the nation, and a direct living 
descendant of this ancestor was the king of the nation by 
divine right. As society developed, however, and as social 
interests multiplied and social necessities grew more press- 
ing, the claims of birth gave way to the claims of meritorious 
leadership, and the kingship was bestowed upon the one 
who was thought to be the most worthy and the most 
capable. With the formation of the state the king's council 
comes into prominence. This body consisted of the leading 
men of the state, chieftains of the tribes and the heads of 
distinguished families. The council advised the king, and 
its advice had the moral effect of a command. There ap- 
peared in the early state still another factor of government. 
This was the popular assembly. The freemen of the state 
made bold to attend the sessions of the king and council 
and make known the popular will in respect to public affairs. 
The king and council were not bound to act in accordance 
with the wishes of the popular assembly, yet a prudent king 
could not completely ignore the expressed will of the people. 

In the organization of the early state described above, an 
organization which was completed almost at the dawn of 
history, we find an enduring pattern for all the governments 
which were to follow. In the highly organized state of to- 
day the presidency is a development of the ancient kingship. 



6 THE AMERICAN GOVERNMENT 

the legislature is a development of the ancient council, and 
the voting population is an enlargement of the ancient popu- 
lar assembly. 

With the appearance of the early state, public affairs, that 
is to say, politics J became a distinct subject of human interest. 
The citizen came into view. A man was now not only a mem- 
ber of a religious cult, he was a member of a commonwealth, 
a partner in a political enterprise. Men wanted effective 
armies, and good laws, and a just enforcement of these laws ; 
and they regarded the state as an agency by which these 
things might be secured. As members of this organization 
they were citizens vested with the rights and duties of citi- 
zenship, owing allegiance to the state and receiving protec- 
tion from it. 

Types of Government. In tracing the evolution of govern- 
ment in the above section we have kept in mind the ancient 
history of the region around the Mediterranean Sea for the 
reason that the ancient government of this region can be 
studied to the best advantage. An early state of the Medi- 
terranean region was always small ; it was rarely as large 
as one of our smaller counties. Near its center was a com- 
pact settlement called the city (polis), around which was a 
waU, and within which was the residence of the king. At 
convenient distances from the city lived villagers, who would 
flee to the city for refuge in time of danger. The central 
fortified place, together with the outlying villages, was called 
the city-state. 

The city-state, as it was constituted in the time of Homer 
(1000 B.C.), was invariably a monarchy^ but, as we have seen, 
changes in the structure of society and in its interests 
brought changes in the organization of the state. In many 
of the city-states the leading men, the wealthy and high- 
born, deposed the king and took government into their own 
hands and set up aristocracies. Properly speaking, an aris- 
tocracy is a government conducted by a few of the best 
people of the state. It often happened in the ancient world 



GOVERNMENT 7 

that a clique of political adventurers who could claim neither 
merit nor high birth would seize upon the power of the state 
by intrigue and hold it by force. A government of this kind 
was called an oligarchy. Again, in many cases all the citi- 
zens, that is, all who enjoyed the rights and privileges of 
the city, demanded and secured a direct participation in 
government. A government of this kind was called a de- 
mocracy. An ancient democracy was really only an enlarged 
aristocracy, for in the ancient state there were large numbers 
of slaves with no rights of any kind, and large numbers of 
freemen with no political rights, and the number of people 
who could possibly have a voice in government was always 
but a small proportion of the adult male population. 

Thus we see that after communities passed from a tribal 
to a national form of government, from a religious to a 
political organization, government began to be an affair of 
man's choice, a creation of his will, rather than a thing 
of divine ordination. As a result of this freedom many dif- 
ferent kinds of states were evolved. Aristotle (333 B.C.) was 
able to classify the two hundred and fifty states around the 
Mediterranean under three heads: 

(1) The monarchy, the government of one, the strong. 

(2) The aristocracy, the government of the few, the wise. 

(3) The democracy, the government of the many, the good. 
The forty-odd sovereign governments of to-day may be 

most conveniently classified as follows: 

1. Absolute Monarchies, in which the will of one person 
is unfettered and supreme. 

2. Limited Monarchies, in which the monarch shares po- 
litical power with a legislative body. 

3. Republics, in which all political power flows directly 
or indirectly from the citizens who are entitled to vote. 

QUESTIONS ON THE TEXT 

1. What is society? 

2. What is government? 

3. Describe the ancient family. 



8 THE AMERICAN GOVERNMENT 

4. Describe the tribal organization. 

5. What were the three political elements of the early state? 

6. Compare the organization of the early state with the state of 
to-day. 

7. Describe the city-state of antiquity. 

8. What is a monarchy? an aristocracy? an oligarchy? a democracy? 

9. What was Aristotle's classification of governments? 
10. How may the governments of to-day be classified? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Can society exist without government? 

2. Eeligion, commerce, education, war— which of these tends most 
strongly to knit widely separated societies together? What forces are 
now operating to bring the United States into social relations with the 
other countries of the world? 

3. What is the difference between evolution and revolution in gov- 
ernment? Was the Declaration of Independence an act of evolution or 
revolution ? 

4. Compare the City of Refuge mentioned in the Old Testament with 
the city-state described in the text. (See Numbers xxxv, 1-5). 

5. Which of the three classes of government mentioned by Aristotle 
prevails in the family of to-day? in the school? in the management of 
the affairs of a college? of a church? of an athletic association? of a 
railroad ? 

6. Classify the sovereign governments of the earth as absolute mon- 
archies, limited monarchies and republics. In which class do we find 
the greatest number of people? In which class is the highest grade of 
civilization? 

7. Among" the services which government performs for society are 
the following: (1) It keeps the streets and roads in repair; (2) it sup- 
ports the schools; (3) it administers justice between man and man; 
(4) it carries the mails; (5) it protects life and property; (6) it pre- 
serves the liberty of citizens; (7) it regulates the possession and trans- 
fer and descent of property; (8) it defends the nation against attack; 
(9) it protects the public health; (10) it helps the poor and unfor- 
tunate. Arrange these services in the order of their importance, placing 
the most important service first. Be prepared to give reasons for your 
arrangement. 

8. Which is worse, anarchy or despotism? 

9. Describe the effect which a hermit's life produces upon mental 
and moral character. 



II 

POPULAR GOVERNMENT 

Popular Government Defined; Majority Rule. A govern- 
ment which receives its powers from the people is a demo- 
cratic or popular government, and a state in which popular 
government prevails is a democracy. In the United States 
political power everywhere flows from the people. The 
President of the United States, the Congress, and the na- 
tional Supreme Court, all receive their powers from the 
Constitution of the United States, and this Constitution is 
a creation of the people (1)^ of the United States; the gov- 
ernment of a State ^ receives its powers from the people of 
the State; a city or a town or a county is governed by the 
people who reside within its borders. Thus in the United 
States the will of the people prevails not only in the coun- 
try taken as a whole but in all its parts as well. This is the 
fundamental principle of the American government. 

The people govern by a political device known as majority 
rule. When a question of government is to be decided, 
or when an officer of government is to be chosen, an orderly 
vote is taken and the will of the majority is regarded as the 
will of all. The majority rules and the minority submits to 
the will of the majority ; this is a necessary and unavoidable 
feature of democratic government. The minority, right or 
wrong, must bow to the will of the majority. If the cause 

* The numbers in heavy-faced type refer to passages in the Consti- 
tution of the United States (Appendix A) which are distinguished by 
corresponding numbers on the margin. 

* In this treatise, when the word * ' state ' ' begins with a capital letter 
one of the members of the American Union is meant. 

9 



10 THE AMERICAN GOVEENMENT 

of the minority, however, is just, it may be promoted, and 
in good time the minority may become a majority. A right- 
eous and aggressive minority will not suffer permanent de- 
feat. 

The Growth of Democracy. The ancient Greeks discovered 
the principle of majority rule, and by the year 400 B.C. most 
of the Grecian states were enjoying popular government. 
But the democracies around the Mediterranean soon per- 
ished, some through their own faults, others as the victims 
of conquest. The principle of democracy, however, was ac- 
tive among the Teuton tribes which overran Western Europe 
in the fourth and fifth centuries. Wherever these Teutons 
settled, whether along the Rhine, or in France, or in Eng- 
land, they planted democratic institutions. They lived in vil- 
lages, and every freeman of the village had a vote and a voice 
in the village meeting where public affairs were discussed, and 
where the policies of the little government were determined. 
This Teuton village is an interesting example of a primary 
or pure democracy, — a democracy in which the people govern 
directly and personally. 

For several hundred years after the coming of the Teutons 
the democratic principle among the nations of Western Eu- 
rope was strong. Especially was it strong among the Teu- 
tonic settlers in England, the Angles and Saxons. During 
the dark ages, however, feudalism gave popular government 
a severe blow. Under the feudal system society was or- 
ganized upon the basis of landownership and upon personal 
relations growing out of the ownership of land. In the 
troublous times of the early mediaeval period it became the 
custom of the weak to ' ' commend ' ' themselves to the strong 
for protection. This commendation created a personal re- 
lation in which the protector was the lord and the protected 
the vassal. Since the large landholders were the most pow- 
erful it was they to whom commendation was usually made. 
The vassal, kneeling before his lord and placing his hands 
between the hands of his lord, would say : ' ' I am your man. ' ' 



POPULAR GOVERNMENT 11 

The lord, in return for the homage, promised the vassal pat- 
ronage and protection. If the vassal had any land the lord 
took it as his own, the vassal henceforth holding as a tenant, 
the tenure depending upon the performance of certain ser- 
vices, most of which were of a personal naturCo 

Under the workings of the feudal system a few lords came 
to own practically all the land in a country. A great land- 
lord would parcel out a tract of land to tenants, and these 
would parcel out to sub-tenants, and these, possibly, to sub- 
tenants still lower down the scale. Under this system land 
was everything, man was nothing; every man, except the 
highest lord, was another man's man. 

Of course democracy, which is founded on the principle 
that one person never obeys another person, but always obeys 
a law, could not thrive under such conditions. It did not 
thrive, but it survived. It was kept alive in the cities and 
towns. In a city people can easily meet to talk over public 
affairs and, if necessary, can unite quickly to protect their 
interests and liberties. Cities have always been the nurseries 
of democracy. When, therefore, the feudal lords attempted 
to override the rights of the cities situated on their lands, 
the citizens resisted. They were accustomed to equal rights 
and self-government, and they prized these blessings too 
highly to give them up without a struggle. They joined with 
the king, who generally had a quarrel with the lords, and 
after a long contest overthrew feudalism, the greatest enemy 
democracy ever had. 

The people had now to reckon with monarchy. With the 
lords crushed and out of the way the king took all the power 
of government into his own hands and ruled in his own 
interest. This was to be expected. Government hy one 
means government for one. Government ty nearly always 
means government for. The monarchs built up their power 
rapidly, and it was not long before the very existence of 
popular government was threatened. 

The people of England were the first to resist the encroach- 
ments of the crown. By the close of the seventeenth cen- 



12 THE AMERICAN GOVERNMENT 

tury they had fought their battle and had won. On the 
Continent democracy slumbered for a hundred years longer. 
Then it awoke and asserted its terrible power. In France 
the people, who had become the servants of the government, 
revolted (1789) and tore up monarchy from its foundations. 
They beheaded the king, drove out the nobility, and es- 
tablished a government which was to be the servant of the 
people. The French Revolution was the first of a series of 
victories for democracy. From 1789 to the present time, in 
almost every country on the globe, the power of the people 
in matters of government has been increasing. Year by 
year the right to vote has been given to larger and still 
larger numbers of citizens, laws have become more and more 
favorable to popular needs and wishes, and governments 
themselves have become more and more democratic in spirit 
and form. We may safely say that the twentieth century 
opens with democracy triumphant in all the progressive 
nations of the earth. 

Democracy in the United States. The above sketch shows 
that the principle of democracy is a persistent and inde- 
structible force in human affairs. In America it was a 
powerful force even before the Revolution. In every colony 
large numbers of people participated in government, and 
when independence was declared it was declared in the name 
of the people. " The people " at the time of the Revolu- 
tion meant but a small portion of the adult male population, 
but the proportion steadily grew, and by the year 1840 de- 
mocracy in America meant that all white male adults had the 
right to vote. Thirty years later all black male adults also 
enjoyed this right. Democracy in the United States to-day 
means the rule of practically the whole body of grown men 
plus a portion of the grown women, about 18,000,000 persons, 
or one fifth of the total population. 

Why Popular Grovemment is the Best. What are the rea- 
sons which have urged the people to undertake the dangerous 



POPULAR GOVERNMENT 13 

and difficult task of governing themselves? There are three 
coercive reasons why popular government should be main- 
tained ; 

(1) The people are the best guardians of their own 
liberties and interests. Government hy, let it be repeated, 
is government for. Government by a king will be conducted 
in the interest of the royal family; government by an aris- 
tocracy will be administered for the benefit of a small class ; 
government by all will aim to promote the welfare and pro- 
tect the rights of all. 

(2) Democracy is best for the individual. Participation 
in government adds to the interest of life, sharpens the in- 
tellect, broadens the sympathies, cultivates a civic conscience, 
and thus enriches and elevates individual character. 

(3) Popular government develops the highest type of 
patriotism. Citizens of a democracy always spring quickly 
to the defense of their government, for it is a work of their 
own hands. Subjects of monarchies, on the other hand, 
have been known to be driven into battle by the lash. Pop- 
ular government has had its fullest development in Switzer- 
land, and the Swiss are the most patriotic people in the 
world. 

The Dangers of Popular Government. We are sometimes 
taught to regard democracy as something divine. We are 
told that the voice of the people is the voice of God. We 
should cherish the principle of democracy and resist every 
attempt to undermine it or sap its strength, but we need 
not regard it as a divine institution. It is simply one of the 
forms of government. It is that form in which the people 
rule by the device of voting and abiding by the will of the 
majority. That is all. Democracy is a human institution, 
and like all human institutions it is beset by dangers. Three 
of these dangers are inherent and must be pointed out: 

(1) Indifference. It is extremely easy to forget and neg- 
lect civic duty. It is next to impossible to keep the attention 
fixed constantly upon public affairs. Yet the success of 



14 THE AMERICAN GOVERNMENT 

popular government requires that the citizen's interest in 
public affairs be sustained, and that his watchfulness shall 
never be relaxed. Eternal vigilance is the price of democ- 
racy as well as of many other good things. A people who 
are habitually indifferent to the affairs of government are 
not fit to rule themselves. 

(2) The Demagogue. A demagogue is a leader who seeks 
to gain political power for his own selfish purposes, and not 
for his country's good. The demagogue flatters the people 
and confirms them in their prejudices and wrong- thinking 
and, if necessary, lies to them. He would rather lead the 
people to their destruction than fail in his designs. We 
must always have leaders, and as long as there are men who 
prefer their private gain to the public welfare, so long will 
the false leader, the demagogue, be with us. We ought, 
therefore, to keep a sharp lookout for this arch enemy of 
democracy and deal him a blow whenever he shows his 
baleful head. 

(3) Tyranny. We are accustomed to associate the idea 
of tyranny with kings, but what is tyranny? It is an exer- 
cise of power without regard to justice ; it is an exercise of 
brute force. Now if the majority ruthlessly trample upon 
the rights of the minority, the minority feels the tyranny 
as keenly as if it were inflicted by a despot. Tyranny in 
popular government is worse than the tyranny of monar- 
chies. A tyrannical king can be overthrown, but when a 
majority is tyrannical its tyranny cannot be successfully 
resisted. 

The danger of tyranny in popular government will be 
avoided if the majority will remember justice and right. 
But justice and right are not always identical with the 
popular will. " To say that the will of the majority makes 
a thing right or wrong is a palpable absurdity. Right and 
wrong are what they are by their own nature. They can 
as little be made by man as can the properties of the tri- 
angle. No man, no number of men, can do more than declare 
them. The will of the majority ought to prevail if it is in 



POPULAR GOVERNMENT 15 

accordance with right. For the sole ought is an ethical 
ought." {W.S.Lilly.) 

Democracy and the Individual. We learn in physics that 
a body acted upon by a number of forces applied from dif- 
ferent directions yields something to each force and moves 
in a line that is the resultant of all the forces. So it is 
in the political world. In a democracy a number of wills 
exert themselves upon government to make it go this way 
and that; it yields something to each and moves in a direc- 
tion that is the resultant of all the wills. Plainly, then, the 
responsibility for the course of public affairs must be sought 
in the doings of individuals. Just as one 's personal conduct 
affects the government of the home for good or for evil, or 
the government of the school for good or for evil, so does 
personal conduct affect the larger civil government for good 
or for evil. This is another way of saying that good govern- 
ment begins with one's self, not with one's neighbor. When 
I grasp the idea of personal responsibility in political mat- 
ters, when I understand that the greatest contribution I can 
make to the cause of good government is to order my own 
life aright, I am beginning to understand the duty that rests 
upon me as a citizen of a democracy. The first fact of a 
democracy is the power of the people ; the first fact of citi- 
zenship in a democracy is the responsibility of the indi- 
vidual. 

QUESTIONS ON THE TEXT 

1. What is a democracy? Why may we call the United States a 
democracy f 

2. What is meant by majority rule? 

3. In what countries did democracy flourish in early times? 

4. What is a pure democracy? 

5. How did feudalism affect popular government? 

6. In what way have cities advanced the cause of democracy? 

7. In what way have kings retarded the cause of democracy? 

8. What was the French Eevolution? What have been the results 
of that Eevolution? 

9. Give an account of the growth of democracy in America? 



16 THE AMERICAN GOVERNMENT 

10. Give three good reasons why popular government should be main- 
tained. 

11. Point out three great dangers of popular government. 

12. How can it be shown that responsibility for good government in 
a democracy rests upon the individual? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. (Plurality.) If in a contest for office A receives 5000 votes, B 
4000, and C 3000 there is no majority, but A receives a plurality. 
Should the will of the plurality rule? 

2. (Second Election.) ''In a democracy no one ought to be declared 
elected to an office unless he has received a majority of all the votes 
cast. If there are three or more candidates and no person receives a 
majority of the votes there should be a second election, the candidates 
being the two persons who received the greatest number of votes at the 
first election. ' ' Discuss the above proposition. 

3. In England practically all the male citizens of voting age have 
the right to vote. Is England a democracy? 

4. What is ochlocracy ? plutocracy? 

5. Can democracy be strengthened by permitting women to vote! 
In what way may a non-voter influence government ? 

6. In the average school would the majority express its will in favor 
of order and industry? If so, would the minority acquiesce? 

7. In olden times it was said that the voice of the king was the 
voice of God; in these times it is sometimes said that the voice of the 
people is the voice of God. In which statement is there more truth? 

8. "Which is better, self-government or good government? 

9. Why should Civics be taught in the public school? 

Topics for Special WorTc. — The Perils of Democracy: 1, 279-301. 
21-26. The Extension of Democracy: 4, 87-102. Majority Eule: 4, 
161-173. The Meaning of Self -Government : 30, 15-21.1 

1 The number in heavy- faced type refers to the book of the cor- 
responding number in the book list on p. 437, 



Ill 

REPEESENTATIVE GOVERNMENT 

Representative Democracy. A representative government 
is a popular government in which power is exercised by 
chosen agents (representatives) of the people, instead of 
being exercised directly by the people assembled as a pure 
democracy. A country which is governed by representatives 
elected by the people is a representative democracy or re- 
public. In a representative democracy the people rule no 
less than in a pure democracy, but they rule indirectly. 

Growth of Representative Government. We have seen that 
popular government in ancient times was a simple affair. 
At stated times all the freemen assembled at the meeting- 
place and disposed of public questions by a direct vote, the 
majority of votes ruling. When the body of freemen was 
small democracy in this pure form was practicable ; but how 
was the principle of popular rule to be applied to large^ 
bodies? How was the will of a state consisting of millions 
of people to be ascertained or expressed, and how was the 
government of such a state to be conducted? The ancient 
Greeks and Romans never answered this question success- 
fully. They never discovered a method by which very large 
bodies of people might knit themselves together and live un- 
der one government and at the same time enjoy self-govern- 
ment and civil liberty. Our Anglo-Saxon ancestors, however, 
solved this question in a very ingenious manner. When they 
invaded England (449 a.d.) they settled down in villages, 
but they united the villages into larger political associations 
2 17 



18 THE AMERICAN GOVERNMENT 

known as hundreds. This union was effected in the follow- 
ing way: In each village four discreet men were chosen to 
attend the hundred moot, or meeting-place of the hundred, 
where they met other discreet men from the other villages 
of the hundred. The four men sent to the hundred moot 
spoke and voted for the village from whence they came. 
'^ Their voice was its voice, their doings its doings, their 
pledge its pledge." At the hundred moot were done only 
those things that the village could not do for itself. Strife 
between village and village was allayed ; appeals were heard ; 
judgment in the weightier cases of law was rendered. All 
matters that were purely local were still in the hands of 
the little home government, the village moot. The central 
authority did not destroy local self-government. 

The union of villages under the government of the hun- 
dred pointed the way to the formation of larger unions. The 
villages also sent their representatives to a shiremoot, where 
public business was transacted in the name of the shire, the 
parent of the modern county. The organization of the shire- 
moot was the model for a national moot, and in 1265 the 
nation through its representatives met in a council at West- 
minster, two representatives from each shire attending. 
Thirty years later, in addition to the two representatives of 
the shire, two citizens from each city and two burgesses from 
each borough were elected to the national council. This 
council, consisting of representatives of the whole body of 
the English people, was the first English Parliament. With 
this body the sovereign power of the people was lodged, and 
England has been a representative government, as far as 
its law-making body is concerned, ever since. 

Representative government developed in the other coun- 
tries of Europe, but not so rapidly, or with such unbroken 
success, as in England. Throughout the last century, just 
as democracy gained strength everywhere, so did representa- 
tive government gain strength everywhere. At the present 
time in all the free governments of the world the people 
govern, in part at least, through chosen representatives. 



REPRESENTATIVE GOVERNMENT 19 

Representative Government in the United States. The rep- 
resentative feature of the American government is as marked 
as is its democratic feature. In 1619 Virginia had the honor 
of electing the first representative body that ever met in 
America. In New England the people from the beginning 
managed affairs that were purely local in the purely demo- 
cratic way (p. 205), but in reference to the general affairs 
of the colony they acted through their representatives. And 
so it was in all the colonies. To govern through representa- 
tives seemed the only natural way of conducting political 
affairs. Independence was declared by representatives of 
the colonies, and the Constitution was framed by represen- 
tatives of the States (130). 

In the United States government is representative not only 
in the law-making department, but in all its departments. 
Our Presidents and governors and mayors and, in most in- 
stances, our judges are chosen agents of the people. The 
officers of government who are not directly elected by the 
people are appointed by direct representatives, and are thus 
not far removed from the voters. The people govern not 
only through their representatives, but it is by means of 
chains of representation that counties and cities and States 
are bound together into one strong and indissoluble 
VNION. 

Principles of Representation. What principles shall govern 
in the choice of representatives? Shall a representative act 
for a class, for an interest, for a locality, or for all the peo- 
ple who elect him? How shall representatives be appor- 
tioned? For how long a time shall a representative retain 
his power? These questions have given rise to many politi- 
cal battles, and have led to many political experiments. In 
the English Parliament for a long time manufacturing in- 
terests were represented by members from the boroughs and 
cities, farming interests were represented by members from 
the shires, church interests by the bishops, educational in- 
terests by members from the universities, the noble classes 



20 THE AMERICAN GOVERNMENT 

by the lords. In other words, Parliament represented only 
classes and interests. With the rise of democracy in the 
nineteenth century the system of government by classes and 
interests broke down in England and elsewhere, and an 
officer of government began to be regarded as a representa- 
tive of all the people. For the law-making branch of gov- 
ernment the principle of representation according to num- 
ber was adopted; so many people, so many representatives. 
In order that the people might have an opportunity of choos- 
ing new agents and instituting new policies of government 
the term of the representative was limited to a fixed period 
of time. Another rule which was quite generally observed 
was this: the voters chose as a representative one who re- 
sided within the district in which the vote was taken. These 
principles of representation are applied to a greater or less 
extent in all countries which enjoy free government. In the 
United States they are applied with great fidelity in all the 
grades of government, in township and county and city and 
State and nation. The principles are four in number, and 
may be stated as follows : 

1. A representative acts not for favored classes or in- 
terests, but for people as people. 

2. Representatives in the legislature are apportioned ac- 
cording to population. 

3. A representative is chosen for a definite period of time, 
usually a short period. 

4. A representative resides among his people. 

The Representation of the Minority. In the choice of repre- 
sentatives the principle of majority rule prevails. If there 
are more than two candidates for an office, a candidate hav- 
ing a plurality of votes is usually declared elected. Some- 
times the majority rule seems to work injustice to the minor- 
ity. For example, in a State where the voters of one of the 
great political parties have a decided majority in all parts 
of the State, the minority will go unrepresented altogether. 
The legislature of Vermont at times does not contain a single 



REPRESENTATIVE GOVERNMENT 21 

member of the Democratic party, although there are thou- 
sands of Democrats in the State. To secure a representation 
for the minority numerous devices have been proposed. Two 
of these have been practically applied. The first is known 
as the '^ limited vote" plan. When a group of three officers 
is to be chosen in a district, as, for example, three commis- 
sioners in a county, if no person is allowed to vote for more 
than two candidates, one of the three successful candidates 
may be a member of the political party which is in a mi- 
nority. This plan has been adopted in Pennsylvania in the 
election of county officers. The second device for represent- 
ing the minority involves the plan of '' cumulative voting." 
Under this plan each voter may cast as many votes as there 
are candidates for office, and may distribute his votes or give 
them all to one candidate. By concentrating their votes upon 
one candidate a minority can generally secure representation. 
Cumulative voting has been practiced for many years in 
Illinois. 

The People and their Representatives. In a representative 
democracy government on election-day passes out of the 
hands of the people for a time into the hands of their chosen 
agents. In the long run these agents will be like the people 
they represent. If the voters want good government their 
representatives will give it to them. As William Penn said : 
*' Governments rather depend upon men than men upon 
governments. Let men be good and the government cannot 
be bad ; for if it be ill they will cure it. But if men be 
bad, let the government be ever so good, they will endeavor 
to warp and spoil to their turn. ... I know some say let 
us have good laws and no matter for the men that execute 
them; but let them consider that though good laws do well, 
good men do better, for good laws may want good men and 
be abolished by ill men ; but good men will never want good 
laws nor suffer ill ones." The truth and logic of these 
words cannot be escaped. The character of a government 
depends upon the voters who control it. It is of little use 



22 THE AMERICAN GOVERNMENT 

to scold our representatives, for they are one with us. "When 
we become better they will become better. Nor should we 
attempt to shift responsibility from ourselves to our repre- 
sentatives. Representation is a device of great convenience, 
but it cannot work political magic. It cannot remove the 
burden of responsibility from the shoulders of the individual. 
When we assume the task of self-government we assume per- 
sonal duties which no political contrivance will enable us to 
escape. 

QUESTIONS ON THE TEXT 

1. What is a representative government? 

2. What is a republic? 

3. Contrast pure democracy with representative democracy? 

4. Give an account of the growth of representative government in 
England. 

5. What has been the history of representative government in the 
United States? 

6. State the principles which govern in the United States in the 
matter of representation. 

7. State two devices by which the minority may be represented. 

8. Show that representatives are like their constituents. 

SUGGESTIVE QUESTIONS AND EXERCISES 

1. Name the four essentials of a good representative system. See 
Bryee, Vol. I, p. 296. 

2. Distinguish between a ' ' delegate ' ' and a ' ' representative. ' ' 

3. What qualities are developed in the citizen of a pure democracy? 
Which is better for the individual, a direct or an indirect democracy? 

4. In a number of the States local affairs— especially school affairs- 
are managed by the people meeting as a pure democracy. State the 
advantages and disadvantages of this custom. 

5. In England voters sometimes choose as a representative one who 
does not reside among themselves. Give reasons for and against such a 
custom. 

6. Give illustrations of representative bodies that are not political. 

7. Arrange the following forms of government according to merit, 
placing the best first: Oligarchy, absolute monarchy, representative 
democracy, aristocracy, anarchy, pure democracy, limited monarchy. 

8. Answer the following questions in reference to the relations that 
should exist between a representative and his constituents : Under what 
circumstances will a representative be justified in opposing the wishes 
of the people who elected him? If the wishes of the voters change 
after election, should the representative act according to the changed 



REPRESENTATIVE GOVERNMENT 23 

views of his constituents? Should the representative under all circum- 
stances act according to his own judgment ? Should he abide by the 
promises made before his election? Should he resign if his views do not 
accord with the views of his constituents? When a representative is 
instructed by his constituents as to a course of action should he obey 
the instructions? 

9. The Eecall. In some places the people keep their representatives 
under complete control by means of a political device known as the 
' ' recall. ' ' Where the recall is in use the voters, upon the complaint or 
petition of a certain number of citizens, vote upon the question whether 
a certain officer shall be deprived of (recalled from) his office before 
his term expires and if the vote is in favor of the officer's removal he 
must give up his office before the end of his term. The recall is in 
operation in a number of cities along the Pacific Coast, and in several 
of the cities governed by the commission system (p. 222). It is also in 
general operation in the States of Oregon and California. What do you 
think of the recall as a political contrivance? 

Topics for Special TForfc.— Eepresentative Government: 4, 174—183. 
Four Essentials of a Eepresentative System: 2, 217-218. The Limited 
and Cumulative Vote: 13, 86-98. The Eecall: 30, 526-527. 



IV 

THE THREE DEPARTMENTS OF GOVERNMENT 

How the Power of Government is Separated. The people 
of a free state will not confer all the power of government 
upon one person, or upon one body of persons. Experience 
has taught that it is better to divide governmental power 
into three portions, and to establish three departments of 
government, allotting to each department its own peculiar 
portion. The three departments of a popular government 
are: (1) The legislative department, upon which is conferred 
the power of making laws; (2) the judicial department, 
which is entrusted with the power of deciding how the law 
shall apply in particular cases when disputes arise; (3) the 
executive department, which is vested with the power of en- 
forcing laws. 

The Development of the Three-Department System. In the 

earliest times the king was legislator, judge, and executive: 
he made the law, he sat in judgment upon those charged with 
violating it, and he enforced the penalties against the guilty. 
Later, but still very early in the history of politics, the king 
began to share the power of government with a council of 
elders (p. 5). The council expressed the will of the state 
and the king executed what the council advised. Here was 
the first separation of governmental power. The growth of 
democracy in the ancient world brought a further separation. 
We find that in Athens as early as 500 B.C. there were law- 
makers and judges and executive officers. It must not be 
thought, however, that in ancient times the three depart- 

24 



THE THREE DEPARTMENTS OP GOVERNMENT 25 

ments were fully developed, and that each department was 
entrusted only with power of a certain kind. Athenian law- 
makers sometimes did what only judges ought to do, and 
Athenian judges would sometimes do what only law-makers 
ought to do. 

In the early history of England the folkmoot exercised 
legislative, judicial, and executive powers, but along with 
the development of representative government there was 
developed a system of distributing the powers to three great 
departments. Parliament confined itself chiefly to making 
laws, a class learned in the law acted as judges, and the 
king carried the law into effect. The lines that divided the 
three departments were not always clear, and one department 
frequently encroached upon another. In the seventeenth 
century a king (James I) ventured to sit on the bench as 
a judge, but his conduct was universally condemned. The 
protest which arose against the encroachment of James shows 
that Englishmen then had learned to draw the lines that 
should separate the departments, and in the struggle which 
followed it was settled that these lines should not be blurred 
or effaced. In 1765 the most celebrated expounder of Eng- 
lish law (Blackstone) could say that in England the three 
departments of government were separate and distinct. 

The Three-Department System in the United States. In 

America the lines which divide the three departments from 
each other are quite distinct and clear. In very few in- 
stances shall we find one branch doing what properly be- 
longs to another branch. When the founders of the repub- 
lic distributed the powers to the three departments they took 
great care that judges should do only the work of judges, 
that legislatures should only make laws, and that executives 
should be concerned only with the carrying out of laws, and 
they placed around each department effectual barriers 
against encroachment by the other departments. And the 
policy of the fathers has been continued to the present time. 
In the United States political power is everywhere distributed 



26 THE AMERICAN GOVERNMENT 

to three departments. This is true of the American govern- 
ment in all its gradations. In the government of towns 
and cities^ and States, as well as in the government of the 
nation, three departments are in operation, each doing a 
work that is peculiarly its own. 

The Legislature. The most powerful and in some respects 
the most important department is the legislature, which ex- 
presses the will of the people in the form of laws. Almost 
every subject relating to the safety and welfare of soci- 
ety may come within the scope of legislative action. One 
of the most important powers of the legislature is to pro- 
vide money by means of taxation for the support of gov- 
ernment. In the United States it is a general rule that the 
legislative department shall consist of representatives elected 
by the people for short terms. The legislature does not 
sit in continuous session, but adjourns and disperses when 
the proper and necessary laws have been made. 

The English parliament as originally constituted (1295) 
consisted of the representatives of four classes, (1) the no- 
bility, (2) the clergy, (3) the knights, or representatives 
of the shires, (4) the burgesses, or representatives of the 
towns. Here was a legislature of four branches. Before 
the end of the fourteenth century the clergy were sitting 
and voting with the nobility, and the knights and burgesses 
were sitting and voting together. The four branches were 
thus reduced to two, the nobility and clergy constituting 
the House of Lords, and the knights and burgesses the 
House of Commons. In the colonies the English system of 
a bicameral legislature was quite generally imitated. Of 
the States formed at the time of the Revolution only three 
had legislatures of a single branch. At the present time the 
legislature of the nation (Congress) and the legislatures 
of all the States and those of most of our cities consist of 
two branches, an upper and a lower house. The upper 
house (often called the senate) usually consists of members 
^For exceptions to this rule see p. 222. 



THE THREE DEPARTMENTS OF GOVERNMENT 27 

who are older than members of the lower house, and who 
are elected for longer terms. The lower house is, on an 
average, about three times as large as the upper house. A 
measure must always pass both houses before it becomes a 
law. 

Why is it necessary to have two separate bodies of men 
to pass a law? Experience, which has taught us so much 
about government, seems to decide in favor of two houses. 
Legislatures of a single house have been tried, and it has 
been found that they do not always act with sufficient de- 
liberation. An anecdote related of Washington teaches very 
well the advantage of having two houses: Jefferson once, 
while dining with Washington, attacked the bicameral sys- 
tem as being clumsy and mischievous. Washington defended 
the American plan. ' ' You yourself, ' ' he said, ' ' have proved 
the excellence of two houses this very moment." ^'I? " 
said Jefferson, "how is that. General?" "You have," re- 
plied Washington, "turned your hot tea from the cup into 
the saucer to get it cool. It is the same thing we desire of the 
two houses." When a law must pass in two branches there 
is an opportunity for that sober second thought which is 
so valuable in every sphere of action. 

The Judiciary. Violations of law will occur; disputes will 
arise between men as to their rights under the law; ques- 
tions as to the meaning and scope of a law will be raised. 
The power of trying offenders and of settling controversies 
between contending parties and of interpreting the mean- 
ing of the law is lodged with the judicial branch. The work 
of the judge is confined to the cases that are brought before 
him. If no cases are brought, then he has nothing to do. 
The judges are usually chosen by the people, although they 
are sometimes appointed, either by the executive or by the 
legislature. Historically, they are really representatives of 
the people, for they pronounce the justice which was origi- 
nally dispensed by a popular assembly. It has become the 
practice of all nations to select for the judiciary men avIio 



28 THE AMERICAN GOVERNMENT 

are skilled in the law, and who by temperament and char- 
acter are competent to render just and lawful decisions. 

The Executive. The enforcement of the laws made by the 
legislature, and the decisions made by the judiciary, and 
the preservation of peace and order are the functions of the 
executive branch. In this department reposes the physical 
force of the State. The executive has at its command armies 
and navies and will use them if necessary. In republics the 
chief executive officers are elected by the people. Executive 
power in modern times is usually vested in one person— a 
president, a governor, a mayor, a prince, a king, an emperor. 
The executive very frequently has the power of vetoing an 
act of the legislature, but the veto usually can be overcome 
by a two-thirds vote. The veto power is plainly a legisla- 
tive power. 

Independence of the Departments. Under our system each 
of the departments is quite absolute in its sphere, and quite 
independent of the other two departments. If one depart- 
ment seems to another department to be going wrong the 
latter will refuse to cooperate with the former, and thus 
obstruct its action. Thus if the legislature passes an act 
which in the distribution of powers the judiciary thinks 
it has no right to pass, the judiciary may hold the act to be 
null and void as soon as a dispute arising under the act is 
brought before it. If the judiciary presumes to exercise 
powers that do not properly belong to it, the legislature may 
by appropriate laws check the usurpation. If the execu- 
tive goes strongly counter to the wishes of the legislature 
the latter may refuse to vote the money that is necessary 
to conduct executive business and thus stop the wheels of 
government. Thus by a system of nicely balanced powers 
and effective checks the independence of each department is 
secured. 

The maintenance of this system of ''checks and bal- 
ances" is a perpetual task of citizenship. If the people 



THE THREE DEPARTMENTS OF GOVERNMENT 29 

lare not vigilant one department will eneroaeli upon another 
and gather to itself power that does not rightly belong to 
it. '' The spirit of encroachment," said Washington, ^' tends 
to consolidate the powers of all the departments in one, and 
thus to create, whatever the form of government, a real 
despotism." As long as human nature remains what it 
is this ''spirit of encroachment" will be present; it grows 
out of man's inborn love of power. Grant to a man a 
certain portion of power, and immediately he craves a 
larger portion. This disposition of one department to en- 
croach upon another can never be smothered, but it can be 
effectually resisted. When one branch encroaches upon an- 
other and usurps its power, it does so simply by the natural 
operation of a superior force, and there is only one power 
that can check the usurpation, and that power is the peo- 
ple themselves: the voters can restore the balance by refus- 
ing to elect usurpers. If the people will always demand that 
there shall be no overreaching among the departments there 
is nothing to fear ; but if they are remiss in this duty, sooner 
or later we shall witness the consolidation which Washington 
hoped might be averted. 

QUESTIONS ON THE TEXT 

1. Name the three departments of government and state the func- 
tions of each. 

2. What division of governmental power was made in ancient times? 

3. Give an account of the growth of the three-department system 
in England. 

4. Give an account of the three-department system in the United 
States. 

5. What are the powers of the legislature? 

6. Trace the development of the bicameral legislature in England. 

7. Why is the bicameral system better than other systems? 

8. What powers are vested in the judiciary? How axe these powers 
exercised? 

9. What are the powers of the executive department? 

10. Explain how one department may maintain its independence with 
respect to the other two. 

11. Why is one department likely to attempt encroachment upon an- 
other? Can such encroachment be prevented? 



30 THE AMERICAN GOVERNMENT 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. State to which of the three departments of government the follow- 
ing functions should be assigned: (a) The bombardment of a city by 
a fleet; (&) the sale of property for debt; (c) the execution of a mur- 
derer; (d) the sentencing of a thief; (e) the ordering of taxes to be 
collected; ( f) the collection of taxes; (g) the dispersal of a mob; {h) 
the muzzling of dogs; (i) the declaration of a war; (j) the arrest of a 
man for disorderly conduct; (fc) the construction of a bridge; (I) the 
regulation of the descent of property; (m) the settling of a dispute be- 
tween the heirs of an estate; (n) the regulation of the speed of auto- 
mobiles; (o) the determination of damages for injuries received in an 
automobile accident. 

2. If power must consolidate, in which branch do you prefer that it 
will centre? Give your reasons. 

3. Show that it would not be wise to have only two branches of 
government. 

4. Write a description of an ideal judge. 

5. Contrast the qualities which are desirable in a law-maker with 
those which are desirable in an executive officer. 

6. Name the great law-givers of history. 

7. Name several of the great executive geniuses of history. 

8. Would it be wise to entrust the law-making power of a high school 
to the pupils? the judicial power? Give reasons for each answer. 

9. Give reasons for the bicameral system in addition to those given 
in the text. 

10. What would be the probable result if one of the departments of 
government should refuse to act in harmony with the others? 

11. In the government of yourself you are actuated by conscience, 
judgment, and will — which of these is legislative, which executive, and 
which judicial? 

12. Name the officers of government with whom you are acquainted, 
and state in which department each serves. 

A Hint on Beading.— For a discussion of the subject of this lesson, 
see Woolsey 's ' ' Political Science, ' ' Vol. II, 258-347. 



CONSTITUTIONAL GOVERNMENT 

Introductory. A government may have all the characteris- 
tics thus far described, it may be democratic in form and 
spirit, it may be thoroughly representative, it may have the 
three branches clearly separated, and still there may be no 
guarantee that civil liberty will be permanently enjoyed. 
For representatives are liable to abuse power, and majorities, 
like individuals, in moments of excitement and passion are 
liable to choose a wrong or unjust course of action. Can 
there be ordained a power that will lay hold of our law- 
makers and judges and governors and say to them, ^' Thus 
far you may go, and no farther." Can the people place 
before themselves an obstruction to hasty and unwise action ? 
Is there a political contrivance that will protect citizens 
from both the tyranny of rulers and from the injustice of 
majorities? We may let our own experience answer these 
questions. 

Charters. At the time when the English people were bat- 
tling for their liberties in the seventeenth century, colonies 
of Englishmen were forming in America, and all the rights 
and privileges won in the mother country were claimed by 
those who came to the new world. Indeed many left England 
that they might enjoy a larger freedom in America. The 
new comers were careful from the beginning to throw every 
safeguard around their rights as Englishmen. Each colony 
had a written document called a charter^ which described 
the kind of government it was to have, and the privileges it 



S2 THE AMERICAN GOVERNMENT 

was to enjoy. The charter of Connecticut is especially in- 
teresting to students of government. In 1639, three little 
towns along the Connecticut River joined to form the colony 
of Connecticut. The people of the colony framed an out- 
line of the kind of government they wanted, and the plan, 
having been accepted by the king, remained the fundamental 
law of Connecticut until 1818. This is the first example in 
the history of the world of a government being successfully 
conducted according to the words of a written document. 

The colonial charters, whether granted directly by the 
king — as most of them were — or prepared by the people, 
were pledges of the good faith of the home government, and 
as such they were held in the highest esteem by the colonies. 
A colony looked upon its charter as the written guarantee 
of its liberties, just as an owner of property looks upon his 
deed as giving him a title to his house or farm. When the 
king or his officers became oppressive or unjust the people 
pointed to their charter as their defense. Upon one occa- 
sion the king, wishing to deprive Connecticut of its rights, 
sent an officer after its charter, but the people frustrated the 
plan by hiding the precious document in the hollow of a tree. 
They felt that as long as they could keep their charter they 
were safe. 

Under their charters the colonies grew and prospered, each 
colony developing in its own way and making its own laws. 
Each colony was independent of all the others, but all were 
dependent upon Great Britain. Since the charters were not 
all alike, the several governments of the colonies differed from 
each other, but since the charters all issued from the same 
source, and since the laws of England applied to all the 
colonies alike, the government of one colony could not differ 
very widely from that of another. 

Constitutions. When the colonies separated from Great 
Britain and became independent States the old charters of 
course lost their validity, for there was no king to stamp 



CONSTITUTIONAL GOVERNMENT 33 

them with authority. The people saw at once that they must 
be their own king and make their own charters. As rapidly 
as possible each of the new States drew up for itself a char- 
ter which recognized the people as the source of authority 
in government. A new name was given to this new instru- 
ment. Instead of its being called a charter it was called a 
constitution. This constitution was to be the foundation 
plan and framework upon which the governmental structure 
was to be built. Of course each new constitution was quite 
similar to the charter which it supplanted. For a State to 
have planned for a government quite unlike the one to which 
the people were accustomed would have been to commit a 
grave political error. A government that is new and strange 
is not likely to receive the confidence and respect of the peo- 
ple, no matter how wise and beneficent may be its provisions. 
The statesmen of 1776, therefore, made the new State con- 
stitutions conform as closely as possible to the colonial char- 
ters. Connecticut and Rhode Island experienced no change 
at all in passing from colony to State. They simply substi- 
tuted the word "people" for the word ''king" in their 
charters, and these became their constitutions. 

After they had established their independence the States 
found that it was necessary to unite and form a central gov- 
ernment. The powers of this central government were ex- 
pressed in the Constitution of the United States. The his- 
tory and nature of this great document will be given here- 
after. It is sufficient here to say that the Constitution ' of 
the United States is our fundamental law. We have had 
occasion to refer to it heretofore, and throughout our work 
we shall refer to it constantly, and as we advance we shall 
learn more and more of its authority and influence in our 
political life. 

Each of the States that have been admitted into the Union 
under the Constitution (118) has followed the example 
of the original States, and has framed a constitution for 

^ In this book when the word ''constitution" begins with a capital 
letter the Constitution of the United States is meant. 

3 



34 THE AMERICAN GOVERNMENT 

itself. Every State, therefore, and the United States as well, 
has a written constitution as its fundamental law. Cities 
likewise are governed by charters (p. 75) which in some 
respects are like written constitutions. Thus government in 
America is everywhere conducted according to the written 
word; it is everywhere constitutional. 



General Features of a Constitution. The special provisions 
of constitutions will receive notice from time to time as we 
proceed. At present it is necessary to call attention only to 
their broad features. The strong resemblance which the 
forty-eight constitutions of the States bear to one another 
and to the Constitution of the United States makes it possible 
to describe all in outline by describing one in outline. The 
essentials of a constitution are : 

(1) A pi^eamhle (1) stating the general purpose for which 
the government is instituted. 

(2) A Bill of Rights guaranteeing to the people repub- 
lican principles of government, personal security, private 
property, freedom of conscience, freedom of speech and of 
the press, and other fundamental rights of citizenship. 

(3) Provisions for the organization of the three depart- 
ments of government, and a description of the powers to be 
exercised by each. 

(4) Miscellaneous provisions relating to such topics as 
corporations, public debt, education, taxation, suffrage, 
amendments, revisions. 

(5) A schedule describing how and when the constitution 
shall go into effect. 



How Constitutions obtain their Authority. The first Amer- 
ican constitutions were promulgated in the name of the peo- 
ple, yet they were not as a rule the direct creations of the 



CONSTITUTIONAL GOVERNMENT 35 

people. The statesmen of 1776 did not have a very strong 
faith in the wisdom of the people, and were not quite will- 
ing to submit a fundamental law to a popular vote. As 
democracy grew more fashionable, and as the people came to 
be more fully recognized as the real masters of government, 
the custom of submitting constitutions to voters for their 
approval became general. At the present time a constitution 
is usually ratified by the people at the polls before it is 
put into operation. This popular ratification clothes the 
constitution with all the authority that a law can possibly 
have, for it is a law passed by the people themselves acting 
as legislators. A constitution, therefore, is a solemn and 
deliberate expression of the popular will, and as such it is 
a fixed, permanent law which all the branches of a govern- 
ment must obey. If the legislature should pass a law con- 
flicting with the provisions of the constitution, such a law 
would cease to have effect if it should be tested in the courts 
and should be declared unconstitutional ; and if a judge or 
the executive should act in violation of the constitution, 
such action would be illegal and possibly punishable. 

The Amendment and Revision of Constitutions. Although 
a constitution is a fixed, unchanging law, it may not re- 
main unchanged and unchangeable forever. A provision 
in a constitution which was wise and just fifty years ago 
may be harmful now. Every constitution recognizes this 
fact, and provides for making changes, when these may seem 
necessary. These changes or amendments are effected in 
various ways, the usual procedure being as follows : ^ the 
amendment that is thought to be desirable first passes the 
legislature of the State and is then submitted to the people 
for their approval. If it receives the required number of 
votes— frequently a majority of all the votes of the State 
is necessary— it becomes a part of the constitution. An 
amendment, it will be seen, is simply a law passed b}" the 

^ For the subject of amendments to the Constitution of the United 
States, see page 53. 



36 THE AMERICAN GOVERNMENT 

people and placed in the constitution; but it is a law that 
cannot be repealed by the legislature. 

Constitutions provide not only for their own amendment, 
but also for their own complete revision. They provide for 
the calling of a constitutional convention, which shall have 
power to revise the old constitution and frame a new one. 
A general revision of a State constitution is usually ac- 
complished in the following way: The legislature submits 
to the people the question whether or not a convention shall 
be called to frame a new constitution. In several States 
this question must be submitted to the voters every twenty 
years ; in Michigan it must be submitted every sixteen years ; 
in Iowa every ten years. If the vote is in favor of a con- 
vention, delegates are elected, and the work of revision 
begins. It is the custom to submit the revised constitution 
to the people for their approval, although this is not al- 
ways done. 

Whatever may be the regulation for amendment and re- 
vision the constitution cannot be suddenly altered. Usu- 
ally two or three years must elapse before a proposed change 
can be fully effected. This necessary delay has its disadvan- 
tages, but upon the whole it results in good. It gives time 
for discussion and reflection. A constitution would not be 
worthy of its name if caprice or passion could chaage it 
in a day. 

Constitutions the Safeguard of Liberty. We may now an- 
swer the questions asked at the beginning of this chapter: 
The people may protect themselves from themselves, and 
from their rulers, by means of a constitutional government. 
They may formally and solemnly declare their will in a 
written constitution, and demand that government be con- 
ducted according to the terms of this document. When a 
person maps out for himself a course of right conduct, and 
rigidly abides by the rules he makes for himself, he is a free 
and self-governing being; and likewise, if a people will im- 
pose upon themselves a fundamental law, a constitution, 



CONSTITUTIONAL GOVERNMENT 37 

and will abide faithfully by its terms, civil liberty and self- 
government will be assured. 

QUESTIONS ON THE TEXT 

1. What was a colonial charter? 

2. Give an account of the first charter of Connecticut. 

3. What place did the charter occupy in the political life of the 
colony? 

4. How did the charters become constitutions? 

5. To what extent are written constitutions employed in the United 
States? 

6. What are the general features of a written constitution? 

7. From what source does a constitution obtain its authority? 

8. How may a constitution be amended? 

9. How may a new constitution be secured? 

10. Show that constitutional government is a safeguard of liberty. 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. What is the derivation of the word charter? constitution? 

2. Compare the constitution of your State in outline with the out- 
line indicated in the text. 

3. Give briefly the constitutional history of your State, stating when 
the first constitution was adopted, what revisions have been made, the 
date of the adoption of the present constitution and the amendments 
that have been added. 

4. Mr. Bryce, an Englishman, imagines that the American people 
could govern themselves without written constitutions. Give reasons 
why an American would hardly be able to imagine such a thing. 

5. Explain fully the following sentence: The United States is a 
democratic, representative, constitutional republic. 

6. Is it generally understood that the constitution of your State 
needs revision or amendment? If so, how may it be revised? How may 
it be amended? 

7. Draw up a constitution for the government of a debating society. 
(In preparing this exercise remember that a constitution describes only 
the outline of government, and states only general principles.) 

8. Would it be wise for your State to exchange constitutions with 
a neighboring State? Give reasons for your answer. 

Topics for Special TForfc.— Contents of State Constitutions: 2, 306- 
316. The Written and Unwritten Constitution: 5, 10-13; 192-193; 30, 
51-55. How the Colonies were Governed: 6, 36-51. 



VI 

FEDERAL GOVERNMENT 

The Different Kinds of Political Unions. An alliance is 
an agreement between two or more sovereign states to co- 
operate in the accomplishment of some mutually desirable 
purpose. A state entering into an alliance does not surren- 
der or impair its sovereignty. Since an alliance may be 
dissolved at the pleasure of any of the contracting parties, 
it is the weakest of all political unions. Another kind of 
union between states is the confederation or league. A con- 
federation is formed by two or more states uniting and es- 
tablishing a central government, vesting it with certain 
powers, but withholding from it the right of exercising au- 
thority over individuals. In exercising its power the cen- 
tral government of a confederation must operate through 
the agency of the states which compose the union. The 
confederation, therefore, is a "band of states" {Staaten- 
hund) united more firmly than they would be by an alliance, 
but not so closely and so intimately as to form an inde- 
structible and indivisible union. 

The strongest of all political associations is the federal 
union. In the federal union the uniting states establish 
a central (federal) government which is independent of 
themselves, and which operates with organs of its own, its 
power extending even to individuals. In the formation of 
the federal union, or the federal state, as it may very 
properly be called, the federal government is made sovereign, 
in respect to matters which concern all the states taken 
collectively, while each separate state retains its sovereignty 
in respect to those matters which concern only itself. The 

38 



FEDERAL GOVERNMENT 39 

federal principle is an outgrowth of the representative prin- 
ciple, and federal government is the latest important develop- 
ment in political science. 

The Complexity of American Government. The United 
States is a federal republic, and its government is compli- 
cated and difficult to understand. Under our system au- 
thority flows from two sources : we have one government 
of the nation and another government of the State ; we have 
two constitutions and two sets of laws to be obeyed, and 
two sets of officers to enforce the laws; we have forty-eight 
States working side by side, each attending to its own af- 
fairs in its own way, and over and through and in all these 
States there is the federal government attending to the 
affairs of the nation. How is this twofold authority pos- 
sible? How can a person serve two masters? Suppose 
the federal government should command what the State 
forbids, which shall be obeyed? Where is the line which 
divides the authority of the federal government from the 
authority of the State ? Such questions as these early force 
themselves upon the student of American government. We 
may best approach the task of answering them by taking 
a glance at history. 

The Growth of Federalism in America. The American 
union as we see it to-day is the result of nearly three cen- 
turies of political association of colony with colony and 
State with State. The story of our union properly begins 
with an account of the New England Confederation. In 
1643 commissioners from Massachusetts Bay, Connecticut, 
New Haven, and Plymouth met and resolved: 

Whereas we live encompassed by seuerall Nations and Strang lan- 
guages which hereafter may proue injurious to vs or our posteritie, and 
forasmuch as the Natives have formerly committed sondry insolences 
and outrages vpon seuerall plantaeons of the English . . . wee there- 
fore doe eonceiue it our boundeu Dutye without delay to enter into a 
present consotiation amongst ourselues for mutual help and strength in 
all our future concernments. 



40 THE AMERICAN GOVERNMENT 

The ''concernments" were the encroachments of the Dutch 
and the ravages of the Indians. Each colony was repre- 
sented by two commissioners. The Confederation had full 
power to determine all matters relating to peace and war. 
The league fulfilled the purposes for which it was formed 
and dissolved in 1684. It lasted long enough and accom- 
plished enough to show to the colonies the great benefit of 
union, and the lesson it taught was never forgotten. 

In 1754, when the colonists were hard pressed by the 
French and Indians, delegates from seven colonies met at 
Albany and agreed upon a Plan of Union drawn up by Ben- 
jamin Franklin, whose long life was devoted to the cause 
of union. The plan proved to be acceptable neither to the 
people of the colonies nor to the English government, and 
the work of the Albany convention came to naught. 

In 1765, nine colonies sent delegates to the Stamp 
Act Congress that met in New York to protest against 
the unjust and oppressive acts of England. This Con- 
gress was so vigorous in its declaration of American 
rights and so thoroughly animated by the spirit of coop- 
eration that it has been called the "day-star of American 
Union." 

We see how the idea of union was enlarging. In the 
confederation of 1643 four colonies joined; in the Albany 
convention seven were represented; in the Stamp Act Con- 
gress nine. In 1774, a Congress of delegates from twelve 
colonies met at Philadelphia, and after making a declara- 
tion of rights, recommended a cessation of trade with Eng- 
land, commended Massachusetts for opposing the oppressive 
acts of Parliament, and resolved that all the colonies ought 
to support her in her resistance. As the union grew larger 
the colonists grew more determined and aggressive. In 1775, 
a Continental Congress of delegates from all the colonies 
met in Philadelphia. 

The Congresses before 1775 had merely talked and peti- 
tioned and passed resolutions. The Continental Congress 
of 1775 began at once to act like a real government. It took 



FEDERAL GOVERNMENT 41 

charge of those matters that were of general rather than of 
local concern. It assumed command of the army that had 
been put into the field; it took charge of foreign affairs; 
it issued a currency; it managed the post-office. The ques- 
tion of its right to do these things was not raised. It did 
the things it thought the people wished it to do. Thus in 
1776 it thought the people of the colonies wished a separation 
from the mother country. To make sure that it was not 
wrong in this opinion, it adjourned in order that the dele- 
gates might go back to their homes and learn the exact state 
of public sentiment. Upon reassembling, Congress, con- 
vinced that the people were ready for a separation, on July 
4, 1776, declared the colonies free and independent States, 
absolved from all allegiance to the British Crown. 

The Articles of Confederation. While Congress was medi- 
tating independence it was also considering plans for bring- 
ing all the colonies under one regular, permanent govern- 
ment. Franklin, in 1775, submitted a plan of confederation, 
but it was not adopted. In 1776, John Dickinson reported 
a plan, which in 1777 was adopted as the "Articles of Con- 
federation." These articles were submitted to the States 
for their approval, and in March, 1781, having been ratified 
by all the States, they became the framework for a new 
government for the United States. 

The government established by the Articles was a con- 
federation. Its sole organ of authority was a legislature 
of one house, called a Congress, presided over by a president 
elected by members from their own number. A State could 
not send less than two delegates nor more than seven to 
the Congress ; but whatever the number of delegates, a State 
had but one vote, determined by a majority of its dele- 
gates present. Voting was, therefore, done by States, and 
it required the votes of nine States to carry any important 
measure. Any alterations in the Articles had to be agreed 
to by Congress and afterward confirmed by the legislatures 
of all the States, a provision that made amendment prac- 



42 THE AMERICAN GOVERNMENT 

tically impossible. The most important powers committed 
to the new government were: 

(1) To determine questions of peace and war. 

(2) To enter into treaties and alliances. 

(3) To send and receive ambassadors. 

(4) To make rules governing captures on land and water. 

(5) To decide, upon appeal, disputes between two States 
concerning boundaries. 

(6) To determine the value of current coin. 

(7) To manage Indian affairs. 

(8) To establish and regulate post-offices. 

(9) To appoint naval officers and the higher grades of 
army officers. 

The States, while bestowing these powers upon the con- 
federated government, expressly denied the same powers to 
themselves, and pledged themselves to abide by the decisions 
of Congress in all matters submitted to it for determination. 
Congress could in no case bring its power to bear upon 
the individual citizen, nor had it any means at its command 
to compel the obedience of a State. By the terms of the 
Articles, each State was to retain its sovereignty, freedom 
and independence, and every power, jurisdiction and right. 

The Articles did not really create a new form of union. 
They simply described the central government as it was 
constituted and conducted by the Continental Congress at 
the time of their adoption. The powers granted to the new 
Congress were almost precisely those which the Continental 
Congress had been exercising since 1775, and these were 
chiefly powers relating to war and to foreign: affairs. Be- 
fore 1781 Congress was guided by unwritten law, by custom, 
by public opinion and consideration for the public safety; 
after 1781 it was guided by a written constitution, the 
Articles of Confederation. 

The government provided by the Articles was fatally de- 
fective in organization, if it can be said to have had an 
organization at all. It had no executive branch and no 
judicial branch, and as a legislature it was bad, for it was 



FEDERAL GOVERNMENT 43 

one of a single house. All the powers were united in one 
body. Such a government must either rule like a tyrant or 
it must collapse. 

As long as the war with England continued the Articles 
of Confederation rendered valuable service, but when peace 
came, and common danger no longer spurred the States to 
united action, it was soon seen that they were a rope of 
sand. It was seen that Congress ''could make and conclude 
treaties, but could not recommend the observance of them. 
It could appoint ambassadors, but could not defray the ex- 
penses of their tables. It could borrow money, but could 
not pay a dollar. It could coin money, but could not pur- 
chase an ounce of bullion. It could make war and deter- 
mine what troops were necessary, but could not raise a 
single soldier. In short, it could declare everything, but do 
nothing." It could not do what every useful government 
must be able to do : it could not secure obedience to its laws. 
It could not reach the individual, and it would have been 
folly to have attempted to enforce its laws against a State. 

As a result of its inherent weakness the Confederation 
soon fell into a deplorable condition. Solemn treaties were 
violated, debts were repudiated, worthless paper money was 
issued. State quarreled with State. Disregard for the laws 
of Congress was naturally followed by a contempt for the 
laws of the State. In several States courts were broken up 
by armed mobs, and rebellion threatened the very existence 
of government. Congress sank to such a condition of in- 
efficiency and feebleness that it lost the respect of the coun- 
try. On one occasion it was chased from its place of meet- 
ing by a handful of drunken soldiers clamoring for their 
pay. Things went rapidly from bad to worse, and it be- 
came plain as early as 1785 that the Confederation was on 
the verge of a collapse. 

QUESTIONS ON THE TEXT 

1. Define alliance; confederation. 

2. What is a federal union? In what respect does a federal union 
differ from a confederation"? 



44 THE AMERICAN GOVERNMENT 

3. What difficult questions arise in the study of federal government? 

4. Describe the New England Confederation. 

5. What step toward union was taken in 1754? 

6. What was the object of the Stamp Act Congress? 

7. Describe the first Continental Congress. 

8. What were some of the things done by the second Continental 
Congress? 

9. Describe the Confederation of 1781. What were the most im- 
portant powers of the Confederation? 

10. Point out the defects of the Confederation. 

11. Give an account of the decline and fall of the Confederation. 

SUGGESTIVE QUESTIONS AND EXERCISES 

1. What is the derivation of the word federal? 

2. Name the great federal governments of the earth. 

3. Make out a list of powers that should be granted to a federal 
government. 

4. Give an account of the federal government in Ancient Greece. 

5. Name some of the great alliances of the past. What great alli- 
ances exist at present? 

6. What does the individual State lose by entering into a federal 
union? What does it gain? 

7. Give an account of the services of Benjamin Franklin in the cause 
of American Union. 

8. Prepare a five-minute paper on ' ' The Dark Days of the Confedera- 
tion. " Consult Fiske's'* Critical Period of American History." 

9. Indicate the gro\^i:h of federalism in America by reproducing the 
accompanying diagram. 

Topics for Special WorTc. — The Articles of Confederation: 5, 80-87. 
The Formation of the Union: 6, 69-72. Defects in the Articles of Con- 
federation: 30, 39-44. 




1781 

ARTICLES OF 

CONFEDERATION 



1776 

DECLARATION OF 

INDEPENDENCE 



SECOND CONTINENTAL 
CONGRESS. 1775 
(Thirteen Colonies) 



FIRST CONTINENTAL CONGRESS 
1774. (Twelve Colonies) 



1765. STAMP ACT CONGRESS. (Nine Colonies) 



1754. THE ALBANY CONVENTION. (Seven Colonies) 



1643. THE NEW ENGLAND CONFEDERATION. (Four Colonies) 



VII 

THE DISTRIBUTION OF POWERS 

Efforts to Strengthen the Confederation. Thoughtful men 
viewed the approaching downfall of the Confederation with 
alarm. They saw that if the union of the States were dis- 
solved, and each State should assume complete and undis- 
puted sovereignty, the fruits of independence would be 
most bitter. With thirteen nations instead of one, the coun- 
try would be the easy prey of foreign invaders, sectional 
interests would jostle each other and bring State into con- 
flict with State, commerce between the States would be 
shackled, and all the social, moral, and intellectual advan- 
tages which flow from union would be lost. 

Before it was too late men like Washington and Hamilton 
and Franklin came forward with measures designed to 
strengthen the union. In 1785 commissioners from Mary- 
land and Virginia met at Washington's home at Mount 
Vernon to adjust some matters of interstate navigation. 
At this meeting Washington suggested that the two States 
ought to enter into an agreement as to the regulation of 
interstate commerce in all particulars. The discussion fol- 
lowing this suggestion showed that if there was to be any 
useful regulation of commerce between the States all the 
States must join. Accordingly all the States were invited 
to appoint commissioners to discuss the matter. In response 
to this invitation five of the thirteen States met at Annapolis 
in 1786. This representation was considered too small and 
the meeting adjourned without attempting anything. Be- 

46 



THE DISTRIBUTION OF POWERS 47 

fore adjourning, however, it recommended that a convention 
of all the States be held at Philadelphia in May, 1787, "to 
take into consideration the situation of the United States, 
to devise such further provisions as shall appear necessary 
to render the constitution of the federal ^ government ade- 
quate to the exigencies of the times." Congress, seeing the 
drift of affairs, adopted the idea of holding a general con- 
vention, and resolved that it was expedient that in May, 1787, 
one be held at Philadelphia "for the sole and express purpose 
of revising the Articles of Confederation." 

The Constitutional Convention of 1787. All the States 
responded to the call, excepting Rhode Island. The men 
sent to the Convention were the ablest and wisest in 
America. They represented conflicting interests, and dif- 
fered widely among themselves in their views of government, 
but they were capable of placing the public good above self- 
ish considerations. They had not proceeded far with their 
work before they saw that a mere revision of the Articles of 
Confederation would not bring relief to the country. If 
union was to be anything more than a name there must 
be a central government clothed with substantial power. 
Instead of continuing the Confederation, which was avow- 
edly a mere "league of friendship" in which the exercise 
of power depended upon the States, the men of the Conven- 
tion bravely decided to frame a Constitution for a real 
federal government, one which should have its three de- 
partments conducted by its own officials, and which should 
be independent of the State in the exercise of its powers. 
The proposed government was to reach the individual, make 
laws for him, take money out of his pocket for taxes, and 
judge and punish him if he violated its laws. 

The framework of the new government was agreed to 
after a most serious and thorough discussion, and was sub- 

^ The Confederation was frequently called a federnl government. In 
1787 men had not yet learned to distinguish clearly bet^Yeen a federal 
and a confederated government. 



48 THE AMERICAN GOVERNMENT 

mitted in September, 1787, to the people of the States as 
a '^Constitution for the United States of America." If 
ratified by nine States (129) the new Constitution was to 
go into operation. Its adoption was opposed fiercely by 
those who did not believe in a strong central government, 
but its friends were stronger than its enemies, and by July, 
1788, it had been ratified by eleven States, North Carolina 
and Rhode Island withholding their consent. In 1789 the 
new government was organized in New York with Washing- 
ton as President. 

The Constitution of 1787 is a distinct political creation. 
True, the framers drew upon the political experiences of the 
past, and true, they received hints from existing State gov- 
ernments, but we must remember that the task that lay 
before them was the building of a federal government, and 
in planning for a federal structure they were thrown on 
their own resources, for they had no adequate model from 
which to copy. The federal temple which they reared was 
an original political creation. To refuse to admit this be- 
cause they availed themselves of the political experiences 
of the past would be almost as unreasonable as it would be 
to refuse to call St. Peter's a creation because in planning 
for it Angelo availed himself of the architectural experience 
of the past. When we consider the magnitude and the dif- 
ficulties of the task which lay before the statesmen of the 
Convention of 1787 — thirteen jealous, proud, and inde- 
pendent States to be brought under one strong federal power, 
warring interests of sections to be reconciled, a lawless and 
chaotic condition of affairs in the Union to be safely tided 
over, a turbulent and distrustful public opinion to be faced, 
problems connected with the government of unorganized 
communities in the west and southwest to be solved — when 
we consider the nature of this task, and contemplate the 
success which followed their efforts, we can understand 
Gladstone when he says that "their work was the most 
wonderful ever struck off at a given time by the brain and 
purpose of man." 



THE DISTRIBUTION OF f OWERS 49 

How the Convention Distributed Power. If we wish to 
understand our political system we must gain clear notions 
respecting the manner in which the framers distributed 
power to the State and federal governments. Let us sup- 
pose that the men of the Constitutional Convention of 1787 
had at their disposal all the powers of a sovereign state, 
all the powers that it is possible for a government to exer- 
cise, and that they divided these powers between the new 
federal government and the existing State government in 
such a manner as they thought best. With this supposition 
in mind let us see what disposal they made of the great reser- 
voir of governmental power which was at their command. 
And first let us learn what powers they gave exclusively to 
the federal government : 

I. Poivers Exclusively Federal. When granting a power 
exclusively to the federal government it had, to be plain to 
the minds of the framers (1) that the States would be will- 
ing to surrender the power; (2) that the federal govern- 
ment needed the power; (3) that the power when exercised 
would affect all the States alike. Applying these tests to 
each grant of power, the framers gave the federal govern- 
ment absolute control in the following matters: war, peace, 
treaties, alliances, ambassadors, postal affairs, the army and 
navy, foreign commerce, interstate commerce, naturaliza- 
tion, coinage of money, Indian affairs, bankruptcy, patents, 
copyrights, territories, letters of marque and reprisal. 

II. Concurrent Powers. If the proposed federal govern- 
ment was to be strong and efficient it must be permitted 
to raise money by taxation and to borrow money; it must 
define the qualifications of those who were to vote for its 
officers and regulate the time and manner of holding the 
elections of its officers; it must have the support of the 
State militia in times of war. But it was not considered wise 
for the federal government to be given the exclusive power 
of collecting taxes and borrowing money and controlling 
its elections and militia. Hence it became necessary for the 
framei^ to grant certain powers to the federal government. 



50 THE AMERICAN GOVERNMENT 

and at the same time reserve powers of the same kind for 
the State. Powers belonging to both governments are called 
concurrent. The concurrent powers established by the Con- 
vention relate to the following matters: taxation, public 
debt, citizenship, suffrage, elections, militia, eminent domain. 

III. Powers Prohibited to the Federal Government. 
While the framers planned for a federal government which 
should be capable of achieving its rightful purposes, they 
at the same time took care that it should not be an instru- 
ment of oppression. To safeguard the interests of the States 
they formally prohibited certain powers to the federal gov- 
ernment. The powers which were denied to the federal gov- 
ernment in the Convention are stated in Article I, Section 9, 
of the Constitution (p. 403). Other prohibitions are found 
in the first eight articles of the Amendments which were 
adopted in 1791 to allay the fears of those who thought 
the new government might exceed its powers. These eight 
amendments are the bill of rights of the Constitution. They 
restrain the federal government, but they do not restrain 
the State. 

IV. Powers Prohibited to the State. The framers saw 
that certain limitations upon the power of the State would 
also be wholesome. Indeed in 1787 prohibitions upon the 
power of the State were more necessary than prohibitions 
upon the federal government, for the States were strong, 
and were disposed to disregard the authority of the central 
government. Accordingly, as a pledge of good faith on the 
part of the States a self-denying section (Article I, Section 
10) was inserted in the Constitution. 

It should be noticed that there are three prohibitions upon 
both State and federal governments : neither a State nor the 
United States can grant any title of nobility (71, 73), or 
pass an ex post facto law,^ or any bill of attainder ^ (65, 73). 

^ An ex post facto law makes an act criminal which was not so when 
done, or increases the severity of the punishment of a previous act. 

^A bill of attainder is a legislative act which inflicts punishment 
without judicial trial. 



THE DISTRIBUTION OF POWERS 51 

These are things that no popular government ought to do, 
and in the United States they cannot possibly be done by any 
existing governmental agency. 

V. Powers Reserved to the State. After the framers 
had provided for the general powers of the federal govern- 
ment, and had made the needful prohibitions of power, we 
may think of them as having reserved to the States and to 
the people all the remaining powers of government. They 
did not formally make this reservation in the Convention, 
but it was understood that the powers not granted to the 
federal government or prohibited to the States remained 
to be exercised as the States or as the people of the United 
States might ordain. In order that there might be no mis- 
take on this point an amendment (144) adopted in 1791 
declared that ''the powers not delegated to the United States 
by the Constitution nor prohibited by it to the States are 
reserved to the States respectively, or to the people." The 
nature and extent of the powers reserved to the State will be 
the subject of the following chapter. At present it is enough 
to say that the framers were able to invest the federal gov- 
ernment with supreme powers in reference to the great af- 
fairs of a nation and still leave the State supreme in most 
of the affairs which concern us in daily life. 

Implied and Resulting Powers of the Federal Government. 

The powers of the federal government are accurately defined 
and enumerated in the Constitution (Article I, Section 8). 
Among these powers is one giving Congress the right to make 
all laws which are necessary and proper (63) for the exe- 
cution of the enumerated powers. Under the authority of 
this right there have been exercised many implied powers, 
—powers which are not specifically mentioned in the Con- 
stitution, but which naturally arise from those which are 
specifically mentioned. For example, from the expressed 
power of regulating commerce (47) arise the implied powers 
of building lighthouses and improving harbors; from the 
expressed power of coining money (49) arises the implied 



52 THE AMERICAN GOVERNMENT 

power of establishing mints. Hundreds of things done by 
the federal government are justified by the doctrine of im- 
plied powers. 

The Constitution does not expressly grant to the federal 
government certain powers which the government of a sov- 
ereign nation ought to have. To meet this deficiency Alex- 
ander Hamilton brought forward his doctrine of resulting 
powers,— powers which result from the ''whole mass of the 
power of government, and from the nature of political so- 
ciety rather than as a consequence of any especially enumer- 
ated power." According to Hamilton's views a new sov- 
ereign nation had been brought into being by the events 
of the Revolution and the adoption of the Constitution, 
and this nation, by the very fact of its existence, possessed 
all the powers a nation ought to have, whether all were 
mentioned in the Constitution or not. For example, he con- 
tended that if the United States should conquer a country, 
it would have sovereign jurisdiction in that country al- 
though the Constitution says nothing whatever about such 
jurisdiction. Hamilton was bitterly opposed by Jefferson 
and others who believed in holding the federal government 
strictly to the terms of the Constitution; but the doctrine 
of resulting powers carried the day, and Jefferson was des- 
tined to give to it its most distinguished application when 
he purchased Louisiana without authority specifically ex- 
pressed in the Constitution. 

Limitations of the Federal Government. It must not be 
understood that under the guise of implied and resulting 
powers the federal government can do anything and every- 
thing, for it is in a true sense a government of limited 
powers. Jefferson and Hamilton were both right. We are 
bound by the words of the Constitution, as Jefferson con- 
tended, but, as Hamilton contended, the words "general 
welfare" (45), and the ''elastic clause" (63), are broad 
enough to permit us to do anything which is consistent with 
the purposes for which the Constitution was adopted. 



THE DISTRIBUTION OF POWERS 53 

Chief Justice Marshall, who did as much as any man to 
mold and direct the policy of the federal government, once 
said: 

''TMs government is acknowledged by all to be one of enumerated 
powers. The principle that it can exercise only the powers granted to 
it is now universally admitted. But the question respecting the extent 
of the powers actually granted is perpetually arising and will probably 
continue to arise as long as our system shall exist. . . . The powers 
of this government are limited, and its powers are not to be transcended. 
But the sound construction of the Constitution must allow to the 
national legislature that discretion with reference to the means by which 
the powers it confers are to be carried into execution which will enable 
that body to perform the high duties assigned to it in a manner most 
beneficial to the people. Let the end be legitimate, let it be within 
the scope of the Constitution, and all means which are appropriate, 
which are plainly adapted to that end, which are not prohibited, but are 
consistent with the letter and spirit of the Constitution, are constitu- 
tional. " ^ 

How the Federal Constitution is Amended. The fathers, 
when providing for the betterment of the federal govern- 
ment, avoided the rigidity of the Articles of Confederation, 
under which an amendment could be adopted only with 
the consent of all the States, and established easier methods 
of amendment. The two processes by which the Constitution 
may be changed are : 

(1) Congress may, by a two-thirds vote of both Houses, 
propose an amendment, and then submit it to the States 
for ratification (122) ; (2) two thirds of the States may 
join in ordering Congress to call a National Constitutional 
Convention for the purpose of considering a desired amend- 
ment. In either case the amendment must be ratified by 
three fourths of the States before it can become a part of 
the Constitution (123). 

Although it is much easier to amend the Constitution now 
than it was under the Articles, still experience has proved 
that it is very difficult in ordinary times to secure an amend- 

^ McCulloch vs. Maryland. 



54 THE AMERICAN GOVERNMENT 

ment. The first eleven amendments came as the result of 
inordinate and intense State jealousy; the twelfth amend- 
ment came easily enough because it touched no great in- 
terest, and because it merely removed a palpable absurdity 
from the Constitution (p. 417) ; the last three amendments 
were secured only after a terrible war. 

QUESTIONS ON THE TEXT 

1. What efforts were made to strengthen the Confederation in its 
last days? 

2. Give an account of the work of the Convention of 1787. 

3. What tests did the framers apply to each grant of power given 
exclusively to the federal government? 

4. What matters were placed entirely under the federal control? 

5. What is a concurrent power? To what matters do the concurrent 
powers relate? 

6. Enumerate the powers prohibited by the Constitution to the fed- 
eral government. 

7. Enumerate the powers prohibited to the States. 

8. What powers are prohibited to both governments? 

9. What is the nature of the powers reserved to the State? 

10. What is an implied power? What is a resulting power? 

11. Explain why the federal government is one of limited powers. 

12. In what two ways may the federal Constitution be amended? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Prepare a large chart exhibiting the powers of government under 
©ur federal system. Suggestion: Let the outer circle of the figure^ 
represent all the powers of government, all 
the powers that were at the disposal of the 
framers. In circle A write the powers exclu- 
sively federal; in segment C the concurrent 
powers; in segment D the powers prohibited 
to the federal government; in segment E the 
powers denied to the State. Eeserve circle B 
for the powers of the State. 

2. Discuss each of the powers granted exclu- 
sively to the federal government and give rea- 
sons for the grant. 

3. Explain fully this sentence: *'The United States is a representa- 
tive, constitutional, federal republic. ' ' 

Topics for Special T^orfe.— Limitations of the Union: 6, 236-242. 
Federal and State Autonomy: 9, 122-134. 

1 Suggested by C. S. Tiedeman in his "Unwritten Constitution." 




VIII 

THE STATE 

General Features of a State Government. Since each of the 
governments of the forty-eight States is framed according to 
the political notions and peculiar necessities of the people 
of a particular section, we must not expect to find the govern- 
ments of any two States precisely alike. If, therefore, we 
wish to get detailed information about the government of 
a State we must study the constitution of that State. There 
can be no general description of a State government that 
will yield such information. Nevertheless there are several 
political features that are common to all the States. Every 
State— 

(1) has a republican (democratic) form of government 
(120). 

(2) has a written constitution. 

(3) has the three great departments of government. 

(4) has a legislature consisting of two houses elected by 
the people. 

(5) has an executive called the governor elected by the 
people. 

(6) must conform strictly to the Constitution of the United 
States. 

(7) removes high officials by the process of impeachment. 

(8) supports a system of public schools. 

(9) recognizes the common law of England (Louisiana ex- 
cepted) . 

(10) provides for the amendment of its constitution. 

(11) provides for a system of local self-government. 

55 



56 THE AMERICAN GOVERNMENT 

The Powers of the State. After independence had been de- 
clared and the colonies had been transformed into States, 
each State found itself the possessor of almost unlimited 
political power. No State, however, at any time actually 
exercised all the powers of government. For example, no 
State ever made a treaty with a foreign country. From the 
moment of their separation from England the States relied 
upon a central government, the Continental Congress, to 
manage the affairs of war and peace and to establish for- 
eign relations. Nevertheless, this central government was 
never strong, and in its last days it can hardly be said to 
have possessed any power at all. The States, therefore, went 
into the Convention of 1787 as masters of the situation. We 
have learned what powers they granted to the new federal 
government, what powers they expressly denied to it, what 
powers they expressly denied to themselves, and we have 
seen that they reserved for themselves all the powers 
they did not part with in the Convention. What were 
these reserved powers? This question cannot be fully 
answered. The powers of the federal government can be 
enumerated, but the powers of the State can be indicated 
only in general terms. The framers provided liberally for 
the federal government, but they did not deprive the State 
of the privilege of managing its own affairs in its own way. 
The State government could still enter the home and pre- 
scribe the legal relations that were to exist between hus- 
band and wife, between parent and child, between master 
and servant ; it could still enter the domain of business with 
laws to regulate buying and selling, debt and credit, partner- 
ship and contracts, possession and alienation of property, 
wills and inheritances ; it could still control all its local gov- 
ernments, county and city and town, and almost all private 
corporations (p. 75) ; it could still maintain its own schools 
and its own system of police ; it could still administer justice 
in all ordinary cases and punish all ordinary crimes ; it could 
still determine the religious, civil and political rights of its 
citizens and prescribe the qualifications of voters and con- 
duct its elections. 



THE STATE 57 

The powers reserved to the State included those which the 
State was free to exercise, and which it actually was exer- 
cising under the Constitution at the time of its adoption, 
and they also included those which the State in the future 
might have occasion to exercise. In 1787 there were no rail- 
roads, and consequently there was no such thing as a power 
in reference to a railroad, yet when railroads Began to be 
built they fell under the authority of the State by reason 
of its reserved powers (143, 144). And so it has been with 
the powers relating to the telegraph and telephone, and scores 
of other things that had not been dreamed of in 1787. 

The Conflict of Federal and State Authority. Under such 
a scheme of powers as has been ordained by the Constitu- 
tion it is to be expected that State authority will sometimes 
clash with federal authority. The federal government within 
the circle of its powers is supreme and irresistible, and the 
State within its circle is independent of any higher power. 
Where two governments exercise political pov/er within the 
same territory over the same people, disputes are almost cer- 
tain to arise. Then again, the concurrent powers relating 
to taxation, elections and citizenship are sometimes a source 
of conflict. Moreover, there will sometimes be collisions be- 
tween the two governments when each is exercising a power 
that appears to be strictly its own. For example, if in the 
exercise of its police power (p. 390) a State should pass a 
law forbidding the running of trains from one point to an- 
other within the boundaries of the State on Sunday, it might 
appear to be acting strictly within the scope of its authority, 
yet such a law would almost certainly clash with the federal 
regulations for carrying the mails. What is to be done in 
such a case? Shall the engineer move on with the train 
and carry the mails, or shall the State law be obeyed ? The 
framers of the Constitution provided a method of determin- 
ing all such questions. They established a Supreme Court 
(105) which has the power of deciding between the two 
governments in every possible ease tliat may arise (110). 
The judges of the Supreme Court, as we shall see (p. 147), 



58 THE AMERICAN GOVERNMENT 

enjoy an almost complete independence, they are chosen from 
among the ablest lawyers in the land, and they are in every 
way equipped to discharge faithfully their high duty. That 
duty is to see that the Constitution which they swear to 
support (128) is obeyed, and that both governments work 
smoothly together. The two governments will work smoothly 
together so long as each keeps within the circle of its powers 
and does not encroach upon the other. It is the constant 
task of the Supreme Court, when rendering decisions upon 
cases brought before it, to keep each government within its 
proper sphere, and for considerably more than a hundred 
years this tribunal has performed this delicate service with 
remarkable success. 

Interstate Relations. Politically speaking, one State is quite 
independent of another. A State may establish such a gov- 
ernment as seems to it best, providing that its constitution 
and laws are not contrary to the Constitution and laws of 
the United States, and providing that its government is re- 
publican in form. The republican form of government 
guaranteed to the State by the Constitution (120) is, broadly 
speaking, one in which the principle of representative de- 
mocracy is recognized. The federal government under this 
guarantee would not permit an aristocracy or an oligarchy 
or a monarchy to be established within a State. When rival 
governments are set up within a State the federal govern- 
ment will decide which is the lawful government, and if ne- 
cessary will assist in crushing the unlawful rival. 

Although the political isolation which exists between the 
States is quite complete, nevertheless a State cannot treat 
another State precisely as if it were a foreign country. 
Under the Constitution there are several important inter- 
state obligations : 

(1) If one State recognizes a certain law or certain rec- 
ords, as of wills or deeds, as valid, all other States must rec- 
ognize them as valid (115). If the authorities in Maine 
recognize a certain law of the State as being a good law the 



THE STATE 59 

authorities of all the other States must recognize that law 
as being good in Maine, although the law need not be obeyed 
in the other States. 

(2) A State must accord to a citizen of another State 
who comes within its borders all the rights and privileges 
which it accords to its own citizens (116). For example, 
a citizen of Pennsylvania can go into Illinois and move about 
and transact business on the same terms with the citizens 
of the latter State. 

(3) When a criminal flees from a State in which he has 
committed a crime into another State, the go\^rnor of the 
latter State is charged with the duty of assisting in the 
arrest of the criminal and in his return to the State in 
which the crime was committed (117). If, however, the 
governor of a State for any reason, good or bad, should re- 
fuse such assistance, there is no way to compel him to per- 
form his duty. The Constitution has here issued a mandate 
with no provisions for its enforcement. The surrender of 
fugitive criminals, therefore, seems to rest quite as much 
upon interstate comity and courtesy as upon constitutional 
necessity. In practice governors seldom fail to do their 
duty in arresting and returning fugitive criminals. 

Although a State is permitted under the Constitution 
to regulate its own affairs quite without regard to its sister 
States, yet, as a matter of fact, no State does this. Every 
State in framing its constitution and making its laws has 
been influenced consciously or unconsciously by the social 
and commercial conditions which have existed in neighbor- 
ing States. This interstate influence is making laws and 
customs throughout the United States more and more uni- 
form. 

Federal and State Relations. We may now revert to a ques- 
tion heretofore asked (p. 39) but not answered: Where is 
the line which divides the authority of the federal govern- 
ment from the authority of the State ? The answer is found 
in the Constitution of the United States. If the Consti- 



60 THE AMERICAN GOVERNMENT 

tution be read aright the line which separates State from 
federal power can be traced as clearly by the mind as a 
visible physical line can be traced by the eye. On one side of 
this line are the powers relating to matters which concern the 
welfare of the whole body of the American people. These 
are the federal powers. If a State through presumption 
should cross the line and exercise any of these powers, it 
would not only trespass upon the authority of the federal 
government, but it would also impair the glory and great- 
ness of the Union. On the other side of the line are those 
powers which relate to matters of local and personal con- 
cern. These powers belong to the State. If the federal 
government should cross the line and exercise any of the 
State powers it would be a usurper and an enemy of local 
self-government and individual rights. 

An ample experience has proved that the State and federal 
relations established by the fathers and maintained by the 
people to the present time are conducive to our highest hap- 
piness. These relations ought, therefore, to be forever main- 
tained. Whether they will be maintained or not will depend 
upon the intelligence and political sagacity of the people. 
The American citizen should keep a watchful eye upon all 
his representatives and hold them all to a faithful observance 
of the Constitution, not permitting them to rob either the 
federal government or the State of its rightful powers. We 
do not want the federal Union to become a consolidated 
state like France, where the powers of a central government 
extend to the smallest affairs of the smallest village. The 
government at Washington must not be empowered to issue 
orders to our governors and to the mayors of our cities as to 
how they shall conduct their affairs. If we do not preserve 
local self-government we shall hardly escape federal tyranny. 
On the other hand, States should not exceed their constitu- 
tional power and invade the rights of the federal government. 
We must not permit the Union to become the worthless fabric 
it was in the days of the Confederation. ''The States and 
federal government, like the planets in their revolution 



THE STATE 61 

around the sun, acting and acted upon, will move on in har- 
mony and majesty only so long as a beautiful equilibrium 
between them is preserved!" The preservation of this 
"beautiful equilibrium" is the most sublime and important 
task imposed upon the American voter. 

QUESTIONS ON THE TEXT 

1. What political features have the States in common? 

2. Indicate in general terms the powers of the State. 

3. What is the nature of the reserved powers of the State? 

4. For what reason are there likely to be conflicts between State and 
federal authority? How are disputes between the State and the federal 
government settled? 

5. What is the nature of the '^ republican form of government" to 
which a State is entitled? 

6. What interstate relations are established by the Constitution? 

7. How may you distinguish State authority from federal authority? 

8. Why is it important that existing State and federal relations be 
preserved? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. On the chart suggested in the preceding chapter insert in circle B 
the most important State powers. 

2. Prepare a ten-minute paper on ''Our State." (Sketch briefly the 
history of your State; write of its size, its population, its industries, 
its resources, its schools, its cities, its great men, and give reasons why 
you are proud of it.) 

3. Show how neighboring States have influenced your State in refer- 
ence to (a) government, (&) religion, (c) occupation, (d) education, 
(e) political parties. 

4. Of the following matters name those which come within the au- 
thority of the federal government: (a) Punishment for robbing the 
mails; (d) regulation of the speed of trains; (c) the suppression of a 
riot; (cl) punishment for robbing a store; (e) the construction of a 
sewer; (/") the building of a school-house; (g) the construction of a 
battle-ship; (h) the repairing of a road; (i) the defense of a coast; 
(j) the improvement of a harbor; (la) the granting of a pension to a 
soldier; (l) the borrowing of money for public pui'poses; (m) the 
annexation of territory; (n) the maintaining of a military academy; 
(o) the protection of the public health; (p) the organization of a 
company of militia; (q) the controlling of the movements of a flying- 
machine; (r) the protection of an author in his rights; (s) the regu- 
lation of the descent of property; (t) the construction of a canal from 



62 THE AMERICAN GOVERNMENT 

Cleveland, Ohio, to Columbus, Ohio; the construction of a canal from 
Columbus, Ohio, to Chicago; (u) the regulation of the use of dynamite; 
(v) the regulation of wireless telegraphy; (w) the regulation of flying- 
machines. 

5. What is meant by the ''New Nationalism"? 

Topics for Special WorTc.— The Limitations of the State: 6, 243-247. 
The Eelation of States with One Another: 8, 131-155. Interstate Eela- 
tions: 9, 272-289. The Present Meaning of the Constitution: 30, 65- 
73. The Constitution and the New Federalism: 30, 76-82. The States 
and the Federal Government : 30, 89-92. 



IX 

THE EXPANSION OF THE FEDERAL UNION 

The Admission of New States. The federal government 
which went into operation in April, 1789, included within 
its authority eleven States— New Hampshire, Massachusetts, 
Connecticut, New York, New Jersey, Pennsylvania, Dela- 
ware, Maryland, Virginia, South Carolina, and Georgia. 
In November, 1789, North Carolina, and in May, 1790, Rhode 
Island, ratified the Constitution and joined the Union. The 
federal union thus began its history with thirteen States. 
The Constitution provided for the growth of the Union by 
authorizing Congress to admit new States (118). The terms 
upon which a new State may be admitted are determined by 
Congress, but when a State is once within the Union it is 
the equal of its sister States. With the consent of Congress 
a State may be divided into two or more States, and two 
or more States may join to form a single State ; but no State 
once within the Union can withdraw from it. There is no- 
thing said in the Constitution of the right of a State to 
secede, but since the Civil War the United States has been 
regarded as "an indestructible Union composed of inde- 
structible States." 

The Admitted States East of the Mississippi. In giving an 
account of the growth of our Union it will be convenient 
to begin in the east and follow the course of expansion west- 
ward to the Pacific. The original boundaries of the United 
States, as they were determined upon by tlie treaty whieh 
acknowledged our independence, and as they existed in 

C3 



64 THE AMERICAN GOVERNMENT 

1789, were the Great Lakes and Canada on the north, the 
Atlantic on the east, the Gulf of Mexico on the south (ex- 
cluding Florida) and the Mississippi River on the west. 

The story of expansion in this region begins with the 
admission of Vermont, the first adopted daughter of the 
Union. Vermont had framed for herself a constitution dur- 
ing the Revolution, and had declared herself an independent 
State, but because she was claimed by New 

Vermont York she was not recognized as a State. In 

1791 

1790, however. New York relinquished her 
claim, and in 1791 Vermont was admitted into the Union 
on the same footing with the original States. 

During the Revolution and throughout the period of the 
Confederation emigrants from the older States rapidly filled 
the rich and inviting territory west of the Appalachians, and 
at the time of the inauguration of the federal government 
there were two communities south of the Ohio River that 
deemed themselves worthy of the honor of statehood. These 
were Kentucky and Tennessee. Kentucky belonged to Vir- 
ginia, but her people wanted to be recognized as a separate 
State, and in 1789 the parent State consented to a separa- 
tion, which took place in 1792, when Kentucky 
"^^1792^ was admitted to the Union. Tennessee be- 
longed to North Carolina (a narrow strip on 
^^1796^^ the south belonged to South Carolina), but, 
like Vermont, during the Revolution she 
longed for statehood and was not permitted to enjoy it. In 
1790 she was ceded by North Carolina to the United States 
to be governed by Congress as a Territory (p. 184) until 
her population should entitle her to be admitted as a State. 
In "^1796 she knocked at the door of the Union and was 
admitted. 

We now come to one of the most interesting phases of our 
national development. Into no quarter of the Western 
country did emigrants move more rapidly after indepen- 
dence was acknowledged (1783) than into the fertile dis- 
tricts north of the Ohio River and west of Pennsylvania. 



THE EXPANSION OF THE FEDERAL UNION 65 

The matter of goTeming this vast region, known as the 
Northwest Territory, and now forming the States of Ohio, 
Indiana, Illinois, Michigan, Wisconsin, and a part of Min- 
nesota, was taken np by the Congress of the Confederation, 
and one of the last acts of that body was to pass the Ordi- 
nance of 1787,^ a political document second in importance 
only to the Constitution itself. This law provided that not 
less than three nor more than five States should be formed 
out of the Northwest Territory; that each State should have 
a republican form of government; that there should be no 
slavery; that religious liberty should be guaranteed; that 
education should be encouraged; that the Indians should 
be justly treated ; that when one of the political communities 
should have 60,000 inhabitants it should be admitted into 
the Union with all the rights of a State; that until a com- 
munity should be large enough for statehood it should be 
governed (as a territory) in part by Congress and in part 
by the people. Congress appointing the governor and judges, 
and the people electing the legislature. 

This Ordinance enacted by the old Congress was reen- 
acted and faithfully carried out by the new government. In 
1802, the community just west of Pennsylvania and north 
of the Ohio River, having been governed for fourteen years 
by Congress as a territory, sought to be admitted into the 
Union as the State of Ohio. Congress passed an act enabling 
the people to frame a constitution for themselves, and a con- 
vention met at Chillicothe to lay the foundation for a great 
State. What did the members of the convention have to 
guide them in their work ? The f ramers of the constitutions 
of the original States had their old charters as patterns, but 
the men of Ohio had no charter upon which to build. They 
could do nothing contrary to the Constitution of the United 
States, or to the Ordinance of 1787; aside from these in- 
struments they had to rely upon their own experience and 
knowledge for guidance. As former citizens of tlie older 
States, of Virginia, of New York, of Pennsylvania, they 
^ See Appendix C. 



66 THE AMERICAN GOVERNMENT 

naturally drew upon the constitutions of these States for 

suggestions; but their chief guides were the peculiar needs 

and sentiments of the people of the Ohio region. They 

drew up a constitution to suit the condi- 

1^3 *^°^^ which confronted them. Their work 

was submitted to Congress and was accepted, 

and Ohio was admitted as a State in 1803. The new State 

was prepared to be happy and contented in the Union, for 

it had just the government it wanted. The policy adopted 

in reference to Ohio was followed in reference to future 

applications for admission: a State was allowed to enter 

the Union with a constitution of its own making. 

The portion of the Northwest Territory left after Ohio was 
cut off was governed as the Indiana Territory until 1816, 
when the people within the boundaries of 
Indiajia what is now Indiana, numbering 60,000 souls, 

1816 were admitted into the Union as a State. 

The stream of emigration ran strong, and 
niinois two years after the admission of Indiana, 

Illinois was large enough for statehood and 
was admitted. What is now Michigan was 
Michigan governed as a territory from 1805 to 1837, 

^^^"^ when it was admitted as a State. In 1848 

Wisconsin, the last of the five States pro- 
Wisconsin ^.^g^ ^^^ ^y ^^^ Ordinance of 1787, was ad- 
mitted, leaving a slice of the Northwest Ter- 
ritory for Minnesota. The governments of all five of the 
States formed under the Ordinance developed under the in- 
fluence of men who were accustomed to the institutions of 
the northern States. 

While emigrants from the northern States were settling in 
the northwestern region and establishing governments and 
institutions according to northern ideas, emigrants from 
the southern States were pouring into the 
^^m?^^^ great southwest with their southern no- 
tions of government. Mississippi, a region 
granted to the United States by South Carolina and Geor- 



THE EXPANSION OF THE FEDERAL UNION 67 

gia, was rapidly settled, and in 1817 the western portion was 

admitted as the State of Mississippi. Two 

years later the eastern part was admitted as Alabama 

the State of Alabama. In the year in which I819 

Alabama was admitted the United States 

purchased the Florida country from Spain 1345 

and governed it as a territory until 1845, 

when it was received into the Union. The governments of 

these three States developed strictly in accordance with 

southern ideas. 

Maine was a part of Massachusetts until 1819, when she 
was given permission by the government of 
the latter State to form a government of her ^320^ 

own if her people desired to do so. The sen- 
timent was in favor of a separation, and in 1820 Maine was 
admitted as a State. 

As an outcome of a division in political sentiment during 
the Civil War the portion of Virginia west of the Alle- 
ghany Mountains was detached (118) from the parent State 
and brought into the Union as a separate 
State in 1863 under the name of West Vir- West Virginia 
ginia, thus making twenty-six States east 
of the Mississippi River. 

The Louisiana Purchase. The account of the expansion 
west of the Mississippi may begin with the purchase from 
France (1803) of the region known as Louisiana— a pur- 
chase by which the area of the Union was doubled. In the 
admission of the States formed out of the Purchase the 
federal government was still guided by the Ordinance of 
1787, except that slavery was sometimes al- 
lowed. The first State carved out of the Louisiana 
Purchase was admitted under the name of ^^^^ 
Louisiana in 1812. The people of Louisiana Missouri 
were French in language, laws and institu- 1821 
tions, and their constitution was greatly in- 
fluenced by this fact. Missouri was admitted in 1821, and 



68 



THE AMERICAN GOVERNMENT 



Arkansas 
1836 

Iowa 
1846 

Minnesota 
1858 



Arkansas in 1836. These two States, being settled by pio- 
neers from the older southern States, estab- 
lished governments of the southern type, and 
introduced southern institutions. Iowa, the 
next State to be formed from the Purchase, 
was admitted in 1846. Minnesota, formed in 
part from the Northwest Territory and in 
part from the Purchase, entered the Union in 1858. Iowa 
and Minnesota were organized by settlers from the northern 
States, and their government, of course, reflected their origin. 
Kansas was the scene of a long and bitter 
struggle between northern and southern set- 
tlers as to the nature of the government that 
was to be established. Northern ideas pre- 
vailed, and Kansas was admitted in 1861. 
Nebraska, whose early political history is 
linked with that of Kansas, was admitted in 
1867. Colorado, formed in part from the 
Purchase, in part from territory acquired 
from Mexico, was admitted in 1876 as the 
^'Centennial State." Dakota was organized 
as a territory in 1861, but when the time for 
statehood arrived it was divided into two 
sections. The northern section came into the 
Union as North Dakota and the southern 
section as South Dakota. They were both 
admitted on the same day (November 2, 
1889). Six days after the Dakotas were 
admitted, Montana, the greater part of 
which was formed from the Purchase (the 
smaller part from the Oregon country), was 
received into the Union. In 1868 a fragment of the great 
Purchase was combined with portions of the Mexican Ces- 
sion and the Oregon country to form the 
territory of Wyoming, and this was admitted 
as a State in 1890. Thus twelve large States 
have been formed out of the wild region purchased by 
Jefferson. 



Kansas 
1861 



Nebraska 
1867 



Colorado 
1876 



North Dakota 
1889 



South Dakota 
1889 



Montana 
1889 



Wyoming 
1890 



THE EXPANSION OF THE FEDERAL UNION 69 

The Texas Annexation. In 1836 Texas tore itself away from 
Mexico and became an independent republic. It soon sought 
admission into the Union, and this was se- 
cured by a joint resolution of Congress in ^^^ 
1845. Texas entered the Union with the 
privilege of forming out of its territory four additional 
States if it cared to do so. By the admission of Texas an 
independent nation was incorporated into the Union. This 
step in expansion increased our territory by an area greater 
than the combined area of France and England. 

The Oregon Country. The region west of the Rocky Moun- 
tains, lying between parallels 42 and 49, known as the Ore- 
gon country, was for a time jointly occupied by England 
and the United States, but in 1846 England released her 
claim and the United States became the Oregon 

sole possessor. The country was organized i859 

as the Oregon Territory in 1848, and in Washington 
1859 Oregon was set off as a State and ad- i889 

mitted into the Union. In 1889 Washing- Idaho 

ton entered the Union, to be followed by 1890 

Idaho in the following year. 

The Mexican Cession. As a result of war, Mexico was com- 
pelled, in 1848, to cede to the United States about half a 
million square miles of her northern territory. Gold was 
at once discovered in the newly acquired region and thou- 
sands hastened to the scene. To meet the need for a civil 
government the people hurriedly framed a caUfornia 

constitution in 1849, and in the following i850 

year the great State was admitted. Califor- 
nia differed from all the other States in the Nevada 
history of her admission. She had no pre- ^®®* 
vious territorial government; she was not a 
part of another State. She sprang into ^^^ 
statehood at a bound. At the same time that 
California was admitted as a State Utah was erected into 



70 THE AMERICAN GOVERNMENT 

a territory. Nevada was organized as a territory in 1861 
and became a State in 1864. Utah was admitted in 1896. 
Oklahoma, formed out of a part of the Louisiana Purchase, 
was organized as a Territory in 1890 and after a remarkable 
growth in wealth and population was admitted in 1907. 
Arizona and New Mexico were admitted in 1912. 

The Spirit of Federal Expansion. The above sketch shows 
that growth is a characteristic feature of our Union. Quietly 
and steadily the United States has extended its boundaries 
until it has become one of the largest and most powerful 
nations of the world. When we regard the nature of our 
Union, its size, its strength, its texture, we may justly say 
that it is the greatest political achievement of man. Sev- 
eral causes have contributed to the success of this marvellous 
expansion. The economic advantage of being within the 
Union has been duly appreciated. A man in his effort to 
earn a living is not hemmed in under our system by the 
narrow boundaries of a State, but has the whole country 
as a field for his energies. The forces of industry and com- 
merce have also contributed to strengthen the Union. Rail- 
ways, canals, the telegraph, the telephone, have all helped 
in our national growth. But the most powerful element of 
success in our career of expansion is to be found in our 
political conduct. The federal government has not gone 
forth as a conqueror to bring States into the Union by force, 
and then ruled them with the heavy hand of power, but it 
has permitted States to enter when they were ready and 
willing, and has treated them with moderation and justice 
after they have entered. When a State has been admitted 
into the Union it has received all the benefits of the Consti- 
tution. Expansion, therefore, has always meant an extension 
of popular and constitutional government, and an increased 
enjoyment of civil liberty. 

QUESTIONS AND SUGGESTIONS 
1. Bound your State and recite any interesting historical facts 



THE EXPANSION OF THE FEDERAL UNION 71 

connected with its boundaries. Are the boundaries of your State natu- 
ral or artificial? 

2. How did your State receive its name? its nickname? 

3. Has your State ever been a part of another State? Did it ev^-- 
include another State? If it is one of the admitted States, how long 
was it a territory? 

4. Describe the steps that are usually taken for the admission of a 
territory into the Union. (See the case of Ohio as stated in the text.) 
Could Congress admit a State which had a king for its executive (120) ? 

5. Could California be divided into two States (118)? Under what 
conditions could two States unite to form one State? Give reasons for 
the constitutional provisions governing the division and union of 
States. 

6. Do you find in the Constitution authority given to the national 
government to acquire territory? Have we failed to embrace any op- 
portunity of enlarging our boundaries? State the circumstances under 
which Louisiana was acquired. 

7. Prepare an expansion map of the United States, marking off 
with colored lines the several purchases and cessions. 

8. What three States were admitted into the Union without having 
passed through any territorial experience? 

9. Explain this sentence: " The history of the United States from 
the settlement of Jamestown to the present time has been the history 
of the colonization of the West. ' ' 

10. Trace the great influence of the Ordinance of 1787 upon our po- 
litical history in reference to (a) slavery, (h) self-government, (c) 
education. 

11. As a special exercise, let one of the pupils prepare a ten-minute 
paper on ' ' This Country of Ours, ' ' giving an account of its boundaries, 
its area, its river and mountain systems, its population, its industries, 
its resources, etc. Consult the article ' ' United States ' ' in any good en- 
cyclopedia. 

Topics for Special TForfc.— The Admission of New States: 9, 263- 
271. The Purchase of Louisiana: 5, 127-130; 273. New States: 6, 
327-33.^, 



LOCAL GOVERNMENT 

The Division of the Powers of the State. We have learned 
how governmental power is broadly divided between the 
federal government and the State. There is a further divi- 
sion to be studied. The State does not exercise directly 
through the agency of State officers all the powers which 
belong to it, but shares its powers with inferior governments 
which it creates, and which it equips with proper officers. 
These lower governments are called local, because they trans- 
act the public business of a locality only. The local govern- 
ments which are found in all the States are counties and 
municipal corporations (villages, boroughs, towns, cities). 
In many States there is an additional local government 
known as the township or district— ** town*' it is usually 
called in New England. 

The powers granted to the local governments are not the 
same in all the States, yet it may be said that as a rule the 
local government does the following things : 

(1) It preserves the peace and good order of the locality. 

(2) It supports the public schools. 

(3) It cares for the public health. 

(4) It helps the poor and unfortunate. 

(5) It licenses trades and assesses and collects taxes. 

(6) It opens and repairs roads and paves streets and 
builds bridges. 

(7) It establishes and supports courts of lower grades. 

(8) It erects public buildings. 

It should be clearly understood that the local government 

72 



LOCAL GOVER^TMENT 73 

is in all things dependent upon the State. The relation of 
a city, for example, to the State is entirely different from 
the relation that exists between the State and the Union. 
The powers of the State are its own : the federal government 
cannot subtract from them nor add to them. The powers 
of a city are not its own : the State gives them and the State 
can take them away. What the State creates it can govern 
according to its own will. The State can deprive local officers 
of their positions and administer the affairs of the locality, 
the county, or city, or whatever it may be, with officers of 
the State government. 

While it is true that the State has the power to send its 
officers into a locality and govern it without consulting its 
citizens, yet as a matter of fact the State does not use its 
power in this way. In practice the State allows the people 
of a community to elect their local officers and to conduct 
their local affairs largely according to their own notions. 
Any other policy would be contrary to the political instincts 
of the American people, and would excite the most bitter 
resentment. A denial of the right of local self-government 
would be an attack upon the principle of democracy. Where 
the people do not have their will in respect to their schools 
and roads and the other affairs of public concern, they do 
not enjoy fully the blessings of popular government. 

The Three Grades of Government. Thus everywhere in the 
United States there are three grades of government in opera- 
tion: (1) The federal government defends us against for- 
eign foes, attends to foreign affairs, delivers and collects 
the mails, regulates the currency and foreign and inter- 
state commerce, maintains federal courts to try cases that 
come under federal jurisdiction (p. 152), and collects the 
federal taxes. The federal government does these things in 
its own way with its own officers, and the people of the 
locality and of the State are not consulted. (2) The State 
government is responsible everyivhere within its borders for 
the following things: for the protection of life, liberty, 



74 THE AMERICAN GOVERNMENT 

property and reputation ; for the punishment of crime ; for 
the maintenance of justice ; for the holding of elections ; 
for the regulation of domestic and business relations; for 
the collection of State taxes; for the fulfillment of the con- 
stitutional guarantees contained in the bill of rights. The 
State is responsible for these things, and it does not sur- 
render its power in reference to them. It either attends 
to them through the agency of its own officers, or it com- 
pels the local government to attend to them. (3) The local 
government attends to the matters enumerated in the pre- 
ceding section. 

This gradation of authority gives us a decentralized gov- 
ernment. Instead of having one great irresistible central 
power, we have thousands of centers of power. The decen- 
tralization of government as to local affairs is a character- 
istic feature of American politics, and is an effectual safe- 
guard of liberty. Where the central government can extend 
its arm into remote localities and do what a local government 
ought to do, the people become the victim of an officialism 
which is as harmful as tyranny. The system of decentral- 
izing power as between the State and the federal govern- 
ment is firmly established, and there is little danger of 
federal interference in the purely internal affairs of a State. 
But the State also must remain decentralized. A consoli- 
dated State would be as inconsistent with the spirit of Ameri- 
can government as a consolidated Union would be. 

The Relation of the State to Local Governments. One of 

the most important problems demanding the attention of the 
citizen refers to the relation that should exist between the 
State and the local governments. It is worth our while, 
therefore, to inquire carefully into this relation. 

Th^re is not a word in the federal Constitution about local 
government. The locality receives all its powers from the 
State constitution and the State legislature. Counties and 
townships are organized and governed under general laws 
passed by the legislature. All the counties and townships 



LOCAL GOVERNMENT 75 

within the State have substantially the same kind of gov- 
ernment and the same powers. 

The government of cities and boroughs and villages is 
accomplished through the agency of municipal corporations. 
A corporation is a group of individuals authorized by law 
to act in respect to certain specified matters as one individ- 
ual; or, it is a group of natural persons authorized to act 
as one artificial person. This artificial person known as a 
corporation lives forever, unless the power (the law) that 
created it chooses to destroy it or to limit the period of its 
existence; it has a name, and under this name it can sue 
and be sued in the courts like a natural person ; with certain 
restrictions it can acquire property and borrow money like 
an ordinary person; it can make such by-laws (local laws) 
as may be necessary to regulate its internal affairs, and 
these by-laws have all the force of law. Corporations are 
either private or public. A private corporation is one or- 
ganized for the private profit or pleasure of the individuals 
who secure the incorporation. Railroads, banks, colleges, 
clubs, are examples of private corporations. Public cor- 
porations are organized for political purposes, for the pro- 
motion of the public welfare. Counties and towns and 
townships are public corporations in so far as they are per- 
mitted to hold property and to sue and be sued. The most 
conspicuous example of a public corporation, however, is 
the municipal (municipium, town) corporation. Wherever 
there is a community with a compact population requiring 
special governmental powers, the State gives this community 
a name and boundaries, organizes its citizens into a munici- 
pal corporation, and grants to it the right of municipal 
or local self-government. 

The written instrument that specifies the rights and privi- 
leges of a corporation is its charter. The charter of a muni- 
cipal corporation names the municipality^ describes its 
boundaries, and states in great detail how the local govern- 
ment is to be organized, and Avhat powers it is to exercise. 
The strength and efficiency of the government of a munici- 



76 THE AMERICAN GOVERNMENT 

pality are determined almost wholly by the provisions of its 
charter. 

In colonial times the first municipal charters were granted 
by the governor ; but long before the Revolution we find the 
legislature taking a part in the government of towns. After 
the Revolution the legislature took municipal government 
entirely into its own hands and granted, revoked or amended 
municipal charters at its will. A century of experiment fol- 
lowed, each State trying in its own way to solve the problem 
of governing the rapidly growing cities within its borders. 
A complete history of municipal government in the forty- 
six States would fill a library. The net result, however, of 
a long and varied experience may be stated in a few words : 
The State legislatures remain in complete and undisputec/ 
control of cities, and they exercise their power freely. They 
do not hesitate to change or amend a municipal charter or 
to revoke one altogether; they will reserve to themselves or 
will give to the governor the appointment of officers whose 
duties are of a strictly municipal character; they will raise 
the salaries of city officers without consulting the city au- 
thorities. They may even deprive a regularly elected mayor 
of his office and give it to another. The habit of State in- 
terference with local matters is at times so strong as to 
threaten seriously the highly prized principle of local self- 
government. 

In some States the constitutions are attempting to protect 
municipal rights by giving to the people of the city the 
privilege of framing their own charter, just as the people 
of a State frame their own constitution.^ Missouri, Califor- 
nia, Minnesota, Washington, Oklahoma, Colorado and Michi- 
gan are trying this plan. Under this policy the city would 
stand in somewhat the same relation to the State as the State 
does to the Union. Locality, State and nation would each 
be supreme in respect to those things which concern itself. 

This is an attractive reform, but it suggests serious diffi- 
culties. Under our present system it is a long step down- 

, 1 See Appendix C. 



LOCAL GOVERNMENT 77 

ward, politically, from the State to the city, immeasurably 
longer than from the nation down to the State. The State 
in the limited sphere of its action is supreme: it may edu- 
cate its youth ill, its laws may be unwise, its courts corrupt, 
and yet the federal government may not interfere. Shall 
we make the city as independent of the State as the State is 
of the federal government? We are told that the care of 
the streets, parks, sewerage, city lighting, water supply, the 
fire extinguishment system, and many details connected with 
sanitary and police administration, should be placed abso- 
lutely under the control of the city. But suppose the light- 
ing in the city is so wretchedly poor that criminals thrive 
in the darkness, or that the police department is inefficient, 
and that the peace and security of the city are threatened, 
shall the State not interfere? Shall it make such a surren- 
der of its rights as will prevent it from entering the city 
and lighting the streets properly and improving the police 
service? Such questions as these are constantly arising in 
connection with municipal government, and they indicate 
how difficult it is to determine precisely where State author- 
ity should end and local authority begin. 

It is perhaps impossible to draw a clearly visible line 
between State and local control. The State must keep a firm 
grasp upon all its parts, counties, townships and cities ; and 
while it should not allow a part to operate against the wel- 
fare of the whole, it should nevertheless recognize and en- 
courage the principle of local self-government or ''home 
rule. ' ' Experience suggests the following rules for the guid- 
ance of the State in its dealings with cities : 

1. All charters should be subject to the approval, at least, 
of the legislature. 

2. The borrowing power of municipalities should be care- 
fully restricted. 

3. The taxing power should be limited to a certain per 
cent, of the assessed value of the property. 

4. Reports of the expenditures of municipalities should be 
regularly made to the State government. 



78 THE AMERICAN GOVERNMENT 

5. The municipalities should be given power according 
as they use it well. 

QUESTIONS ON THE TEXT 

1. How are the powers of the State divided? 

2. Name the functions of the local government. 

3. What is the policy of the State in reference to local government? 

4. Give an account of the grades of American government. 

5. What is a decentralized government? Why is a decentralized gov- 
ernment favorable to liberty? 

6. How are counties and townships governed? 

7. What is a corporation? What are the attributes of a corpora- 
tion? What is a private corporation? What is a public corporation? 

8. What is a municipal charter? 

9. How does the legislature act in respect to the government of mu- 
nicipalities? 

10. What diflSculties lie in the way of municipal home rule? 

11. Give five rules for the guidance of the State in its dealings with 
cities. 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. What are the provisions of the constitution of the State in ref- 
erence to local government? Can the legislature pass a special law for 
the government of a city? Have the cities of the State the right to 
frame their own charters? If not, ought they to have this right? 

2. In what way could the present constitution of this State be 
amended so as to give cities better government than they now enjoy? 

3. What is the difference between a charter and a constitution? 

4. In a city which of the following services should be rendered by the 
State and which by the local government?— (a) the regulation of the 
sale of intoxicants; (6) the paving of the streets; (c) the regulating 
of the employment of children; (d) the granting of franchises (p. 267) 
to street railways; (e) the constructing of sewers; (f) the holding of 
courts of justice; (g) the educating of children; (Ji) the lighting of 
streets; (i) the keeping of the peace; (j) the suppression of a riot; 
(fe) the regulation of the use of arms; (I) the construction of water- 
works; (m) the collecting of taxes; (n) the regulating of the hours of 
labor; (o) the operating of gas-works; (p) the inspecting of steam- 
boilers; (q) the inspecting of factories with the view of protecting the 
health of employees; (r) the maintaining of libraries; (s) the main- 
taining of parks; (t) the extinguishing of fires. 

Topics for Special Worl: — State Control of Cities: 14, 85-109. Mu- 
nicipal Government in the United States: 2, 435— i51. 



XI 

PARTY GOVERNMENT 

The Origin of Political Parties. There are always differ- 
ences of opinion as to how public affairs shall be managed, 
Shall the county have a new court-house? Shall the State 
compel parents to send their children to school? Shall the 
federal government assist the locality in the construction 
of roads? Such questions are bound to divide men into 
opposing groups. Now government acts through the agency 
of men as well as through the agency of laws, and if we 
want it to do a certain thing we must not only have the 
laws on our side, but we must also have the officers of gov- 
ernment on our side. This means that those who favor 
a certain measure of political action must first become the 
possessors of political power. They must win the support 
of public opinion, and they must get votes enough to elect 
officers who are favorable to the proposed measures or pol- 
icy. Out of the struggle for the possession of power the po- 
litical party emerges. Men holding the same political views 
organize and work together for the purpose of securing 
control of the government, and when they have secured 
control they govern as a political party. 

The Origin of Political Parties in the United States. The 

original division of voters into parties in the United States 
was brought about by the collision of two forces which are 
always opposing each other in a free country. One of these 
forces tends to bestow greater and greater power upon 
government. If certain phases of individual freedom result 

79 



80 THE AMERICAN GOVERNMENT 

in some trifling inconvenience we are sure to find people 
who will instantly advise that government administer a 
remedy. When an affair of local government is badly man- 
aged there are always people to suggest that that affair be 
placed under the control of a larger and more central gov- 
ernment. If the township does not manage its affairs well 
they would take its powers from it and give them to the 
county ; if certain functions of the county are not faithfully 
performed they would have them performed by the State; 
if the State is remiss in anything they would place that thing 
under the control of the federal government. This tendency 
to take power from the local and lodge it with the central 
government has been called the centripetal force in politics. 

In opposition to this centripetal, centralizing force are 
the people who, jealous of the powers of government, desire 
to limit them. These would lodge as little authority as pos- 
sible with the central government and reserve as much as 
possible for the locality. They would have no interference 
with the individual except such as is necessary for the peace 
and safety of society. This tendency to restrict the power 
of the central government and enlarge that of the locality 
and of the individual has been called the centrifugal or de- 
centralizing force in politics. 

The discussion of the political questions which arose when 
the Constitution was put into operation offered an excellent 
opportunity for the free play of the centralizing and de- 
centralizing forces. Those who believed in a strong central 
government advocated a liberal interpretation of the "elas- 
tic clause" (45). Foremost among these was Alexander 
Hamilton. That great man thought that Congress has a 
right to pass laws on any subject which relates to the gen- 
eral welfare and which requires the application of money. 
It is easy to see that under such an interpretation many 
things could be done by Congress which could not be done 
either under the enumerated or the implied powers of the 
Constitution. For example, under such a construction Con- 
gress would have the right to take charge of the public 



PARTY GOVERNMENT 81 

schools. Those who held centripetal notions respecting gov- 
ernment rallied around Hamilton and formed the Federalist 
party, or the party of loose construction. 

The centrifugal tendencies of the time were reinforced by 
the genius of Thomas Jefferson. That statesman was jeal- 
ous of the power of the federal government. He was afraid 
the central authority would encroach upon the rights of the 
States and of individuals. In order to prevent this he ad- 
vocated a strict construction of the Constitution. He be- 
lieved that the only proper subjects for the action of Con- 
gress were those enumerated in the Constitution. If a new 
power should be desirable he believed it should be secured 
by way of amendment and not by way of interpretation. 
Those who held the same views with Jefferson joined with 
him and organized the Democratic-Repuhlican party, or the 
party of strict construction. 

Historical Sketch of Parties in the United States. The fed- 
eralists controlled the federal government until Jefferson 
in 1800 led the Democratic-Republican party to victory. 
The Federalists did not long survive their defeat, and for 
twenty-five years after the election of Jefferson the Demo- 
cratic party — as it soon came to be called— had but little 
opposition. In the presidential election of 1820 it was vic- 
torious in every State. No political party is likely, how- 
ever, to remain for a long period of time in undisturbed pos- 
session of power. The operation of natural forces will pro- 
duce discord and disunion. About 1824 opposition began to 
show itself under the leadership of Henry Clay, who advo- 
cated a more liberal construction of the Constitution than 
was pleasing to the Democrats. In 1831 Clay was nominated 
for president by the newly organized National Repuhlicari 
or Whig party. The Whigs— as the adherents of the new 
party were usually called— demanded protection to Ameri- 
can industry (p. 329) and a system of internal improve- 
ments by the federal government, including the building 
of roads and the digging of canals. For twenty years the 

6 



82 THE AMERICAN GOVERNMENT 

Whigs disputed the ground with the Democrats and twice 
(in 1840 and 1848) they elected their candidates for Presi- 
dent. About 1850 the slavery question began to play havoc 
with both parties. By 1856 it had destroyed the Whig party 
and had split the Democratic party in twain. In 1860 the 
Republican party— the one which bears that name at the 
present time— led by Abraham Lincoln, secured control of 
the federal government. The Republicans proposed that 
Congress should exclude slavery from the territories; the 
Democrats asserted that under the Constitution Congress 
had no power to regulate slavery. Here we find the Demo- 
crats as usual claiming a strict construction. The Civil War 
removed the question of slavery from our politics (149), but 
after the war the Democrats and Republicans continued 
the struggle for power, and they are to-day the chief con- 
testants. 

During the last thirty years several minor political par- 
ties have asked for the votes of the people. In 1876 the 
Greenback party, which was opposed to redeeming with 
specie and then destroying the greenback money issued dur- 
ing the war, and which advocated the issue of more green- 
backs upon the faith of the government (p. 323), placed a 
presidential candidate ^ in the field. The success of the 
greenbackers was variable, and in 1892 it cooperated with 
the People's party. The People's party, which began to 
show strength in 1890, advocates the betterment of the con- 
dition of the common people by means of government own- 
ership of railroads and by issues of money based on the 
faith of the government. In 1892 this party nominated a 
candidate for President and secured 22 electoral votes. The 
Prohibition party, which seeks to prevent the manufacture 
and sale of intoxicating liquors (p. 393), has had a nationa] 
organization since 1872, and has named presidential candi- 
dates since that time. The Socialist La'bor party and the 
Social Democratic party have been organized with the view 

^ When an organization nominates a candidate for President it is 
entitled to be called a political party. 



PARTY GOVERNMENT 83 

of promoting the interests of the workingmen, and have 
nominated candidates for President. 

The Elasticity of Party Principles. The above sketch shows 
that throughout our political history the centralizing and 
decentralizing forces have always been at work. The line 
which divided the party of Hamilton from the party of Jef- 
ferson may be clearly traced throughout our history as the 
dividing line of two great parties, and it is the dividing 
line to-day. The Republican party is descended from the 
Federalists, and is the party of loose construction ; the Dem- 
ocratic party comes in unbroken succession from the Demo- 
cratic-Republican party, and is the party of strict con- 
struction. 

It must not be thought, however, that the Democratic 
party is always the enemy of loose construction or that the 
Republican party always opposes strict construction. Each 
of these parties, as we shall see hereafter (p. 226), is a 
mighty organization, and the leaders of each are always 
striving for the supremacy. Victory depends upon votes, 
and in order to get votes either party will sometimes advo- 
cate measures which are not in strict accordance with its 
historic principles. This is the way of political parties 
when they have grown powerful. For the sake of control 
they will adapt their principles to the issues of the time. 
The Conservative party in England in 1867 ignored its 
past and advocated an extension of suffrage, while the 
Liberal party turned right about face and opposed the ex- 
tension of suffrage. 

It is a fortunate circumstance that the principles of a 
great political party are elastic. New political issues are 
always arising, and these issues must be settled b}^ the 
action of a party, either by one of the old parties or by a 
new organization. To organize a third party and carry 
it to complete victory is a task that has not been accom- 
plished once in our history. We have had many third 
parties, but the history of them all is the same: **At the 



U THE AMERICAN GOVERNMENT 

beginning, a new issue, which neither of the old parties has 
the courage to face resolutely, leads a certain number of 
persons to separate themselves from the organization with 
which they have previously acted and to form a new party. 
The movement originates with the people and not with the 
politicians, and the candidates nominated by the new party 
are new men. As soon as the movement has developed 
enough strength to make the votes it can command an object 
of envy to the weaker of the old parties a period of co- 
quetry begins. At first there is trading for positions on 
a fusion ticket by two independent parties, then there is 
a gradual drawing together of the two parties with nearly 
identical platforms [principles] and a common ticket, and 
in the end a complete absorption of the third party by its 
more powerful ally. ' ' ^ When the absorption of a new 
issue by an old party results in success, as it frequently 
has resulted, the people attain their object much more 
quickly than they would by the tedious process of building 
a new party. 

Political Parties and the Individual. Political parties are 
voluntary associations formed outside of the pale of gov- 
ernment. They are not recognized as agencies of govern- 
ment, and until quite recently they have had no legal ex- 
istence whatever. Nevertheless ours is a government by 
party : no important policy of government, whether federal. 
State, or local, can be adopted without the sanction of a 
party, and no one can be elected to an important office who 
has not first received the endorsement of a party. Thus 
far no one has been able to show how popular government 
on a large scale can be conducted without the aid of parties. 
Since we must have parties and must accomplish our po- 
litical purposes through them, the relation of the individ- 
ual to his party presents itself as a serious problem of 
citizenship. For reasons known to himself a man has been 
acting with a certain party: under what ciroumstanees 
1 Stanwood, ''History of the Tariff, " Vol. II, p. 361. 



PARTY GOVERNMENT 85 

may he as a good citizen leave his party? His entrance 
into the party was a matter of choice, and he is as free to 
withdraw from it as he was to enter it. He is under no 
legal obligations to remain in his party, but is he not under 
a moral obligation to withdraw from it when his judgment 
and his conscience tell him that its course is wrong and 
that the course of another party is right? When party 
loyalty leads a man into voting for dangerous measures 
and dishonest candidates he is not a free citizen, but is the 
victim of a despotism. Party loyalty is a good thing, but 
loyalty to the interests of one's country is an infinitely 
better thing ; and when a man is convinced that his party 
is pursuing an unpatriotic course he should break away 
from it, despite the cracking of the party lash. 

QUESTIONS ON THE TEXT 

1. What is the origin of political parties? 

2. Describe the centrifugal and centripetal forces of politics. 

3. What were the political views of Alexander Hamilton? of Thomas 
Jefferson ? 

4. Sketch the history of parties in the United States. 

5. Name the minor political parties and state the principles held by 
each. 

6. How are new issues absorbed by the great parties? 

7. In what relation do the parties stand to government? 

8. In what relation does the individual stand to his party? When 
should this relation be severed? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. State whether a Democrat who was guided solely by the traditions 
and principles of his party would favor or oppose: (a) the control of 
railroads by the federal government; (b) the issue of money by State 
banks; (c) the management of elections by the federal government; 
(d) the control of telegraph lines by the State government; (e) the 
planting of colonies by the federal government; (/) the support of the 
public schools by the federal government; (g) the ownership of mines 
by the State government; {h) the control of cities by the federal gov- 
ernment; (i) the cooperation of the federal government ^Yith local gov- 
ernment in road-building. 

2. What influences besides party principles lead one to vote for this 
or that party? 



86 THE AMERICAN GOVERNMENT 

3. Give reasons why it is best that the party in power should have 
opposition even though its principles are right. 

4. Compare the last National Democratic platform with the last 
National Eepubliean platform, and point out the chief difference in the 
principles of the two parties. 

5. How many people voted for the Democratic party in the last 
presidential election? How many for the Eepubliean party? If the 
Eepubliean vote for that year should be represented by a line one yard 
in length, how long would be the line which should represent the Demo- 
cratic vote? How long the line representing the Prohibition vote? the 
Populist vote? the Socialist vote? 

6. Name a few of the great politicians who have figured in the his- 
tory of this country. Who are the great politicians of the present 
time? 

7. What is a statesman? a partizan? a trimmer? a mugwump? an 
independent? a henchman? 

8. Distinguish between a ' ' boss ' ' and a leader. 

9. Define faction, cabal, junto, "ring," clique. 

10. Under what circumstances is a man justified in deserting his 
party? 

Topics for Special TForX;.— False Leaders: 1, 301-312. Party Loy- 
alty: 12, 265-269. Political Parties and Their History: 2, 455-464. 



XII 

CIVIL LIBERTY 

Civil Liberty Defined. We have now described the several 
devices by which our political system is operated, and have 
described the nature of the power which has been assigned 
to each of the three grades of government. For what pur- 
pose have these ingenious devices been invented ? Why have 
these nice adjustments of power been made? In order that 
we may be secure in our civil liberty. And what is civil 
liberty? It is the liberty which a man enjoys in civil so- 
ciety; it is liberty under law. The desire for freedom is 
implanted in every human breast. History is largely an 
account of man's struggle for freedom, and the greatest 
lesson which history has for us teaches that man ought to 
be free. But there must be limits to his freedom. Where 
there is government there must be restraints upon the will 
and upon the desires. The only liberty that is possible in 
society is civil liberty, which has been defined as natural 
liberty so far restrained (and so far only) as is necessary 
and expedient for public good. The restraints regarded as 
necessary and expedient for the public good are not the 
same in all countries. Civil liberty, therefore, is not every- 
where the same : in Germany it is one thing ; in France 
it is another thing; and in the United States it is still an- 
other thing. 

The Growth of American Civil Liberty. The rights of our 
citizenship seem to come to us, like the air and the sunshine, 
as a matter of course, but it seemed otherwise to those an- 

87 



88 THE AMERICAN GOVERNMENT 

cestors of ours who secured these rights. To them civil 
liberty came as the result of hard-fought battles. When 
we read the bill of rights in one of our constitutions, where 
our liberties are itemized, our hearts would throb with grati- 
tude did we know the suffering and the sacrifice which each 
item has cost. The history of American liberty cannot be 
given here in full, but we must find room for its outlines : 

I. The Great Charter. The story of our civil liberty 
may conveniently begin with an account of the Great 
Charter. King John of England had been acting in a 
tyrannical and unpatriotic way, and the leading men of 
England, in order to protect themselves from his cruelty 
and oppression, met (1215 a.d.) at Runnymede, near Lon- 
don, and declared the rights of Englishmen in a formal 
document which they compelled the king to sign. This 
document was the famous Magna Carta. ' ' One copy of it, ' ' 
says Green, "still remains in the British Museum, injured 
by age and fire, but with the royal seal still hanging from 
the brown shrivelled parchment. It is impossible to gaze 
without reverence on the earliest monument of English free- 
dom, which we can see with our own eyes and touch with 
our hands, the Great Charter, to which, from age to age, 
patriots have looked back as the basis of English liberty." 

Since the Great Charter is the basis of English liberty, 
it is the basis also of American liberty. It consists of a 
preamble and sixty-three clauses. The clauses of lasting 
interest are the following: 

1. ''Common Pleas shall not follow the king's court, but 
shall be held in some certain place." (John had been drag- 
ging suitors for justice about from post to pillar, causing 
them great inconvenience and expense.) 

2. "A freeman shall be fined for a small offense after 
the manner of the offense ; for a great crime after the hein- 
ousness of it." (Making the punishment suit the crime.) 

3. ''No scutage (land tax) or aid (contribution) shall be 
imposed except by the common council of the nation." (No 
taxation without representation.) 



CIVIL LIBERTY 89 

4. '^No freeman shall be taken or imprisoned or disseized, 
or outlawed, or exiled, or in any way destroyed; nor will 
we go upon him, nor will we send upon him, unless by the 
lawful judgment of his peers, or by the law of the land." 
(Due process of law and trial by jury.) 

5. "To none will we sell, to none will we deny or delay 
right or justice." (Habeas corpus.) 

6. "The city of London shall have all its ancient liberties 
and free customs, and so of all other cities, boroughs, towns 
and ports." (Local self-government.) 

Swift and impartial justice, punishment according to the 
offense committed, taxation according to the wishes of rep- 
resentatives of the people, trial by jury, habeas corpus, 
local self-government — these are the grand features of the 
Great Charter. "To have produced it, to have matured 
it, to have preserved it, constitute the immortal claim of 
England upon the esteem of mankind. Her Bacons and 
Shakespeares, her Miltons and Newtons, with all the truth 
which they have inspired, are of inferior value when com- 
pared with the subjection of men and of their rulers to the 
principles of justice, if indeed it be not more true that 
these mighty spirits could not have been formed except 
under equal laws, nor roused to full activity without the 
influence of that spirit which the Great Charter breathed 
over our forefathers. ' ' ^ 

II. The Petition of Right. It is easy to declare human 
rights, but it is difficult to defend and preserve them. John's 
successors confirmed the Great Charter whenever they were 
compelled to do so, but they violated its provisions when- 
ever they dared. During the fifteenth and sixteenth cen- 
turies the aggressions of royalty threatened to make Magna 
Carta a dead letter ; but in the seventeenth century the spirit 
of English liberty revived. When the Stuarts began to 
trample under foot the most precious rights of Englishmen 
the people revolted. A long and bloodj^ conflict followed. 
One king lost his life, another his crown, and thousands 

1 Mackintosh, ' ' History of England, ' ' Vol. T, 222. 



90 THE AMERICAN GOVERNMENT 

of citizens fell in civil strife. Out of the contest there were 
evolved two liberty documents of the highest importance. 
The first of these is the Petition of Right which Parlia- 
ment sent to Charles I in 1628 and compelled him to sign. 
This famous constitutional law— for it, like the Great Char- 
ter, must be regarded as part of England's constitution- 
recites the rights of the people, and protests against the 
wanton infringements which were being made by the king. 
Among the misdeeds of the king were the quartering of 
troops in the homes of private citizens. The petition prays : 
"That your majesty will be pleased to remove said soldiers 
and mariners, and that your people may not be so burdened 
in time to come." Another complaint refers to the practice 
of putting citizens to death after a trial conducted by the 
soldiery. The petition prays : ' ' That commissions by martial 
law be revoked and annulled." The Petition of Right, 
therefore, declared anew formally the ancient rights of Eng- 
lishmen, and also enriched their civil liberty in two par- 
ticulars: first, it forbade the quartering of troops upon pri- 
vate citizens ; and, second, it put an end to the trial of 
private citizens by military courts. 

III. The Bill of Rights. No sooner had the Cromwellian 
power been overthrown and the old monarchy restored under 
Charles II, than the perversity of the Stuart house renewed 
itself. James II attempted to establish a permanent despot- 
ism, but he was driven from his throne before his purpose 
was accomplished. When his successor, William III, was 
invited to be king. Parliament, as an act of precaution, 
declared (1689) the conditions upon which the crown was 
to be held. This declaration, known as the Bill of Rights, 
was the second liberty document produced by the conflict 
between the Stuarts and the people, a document which has 
been called ''the third great charter of English liberty, and 
the coping-stone of the constitutional building." The most 
important of its declarations are the following: 

(1) That laws shall not be suspended or repealed, and that 
taxes shall not be levied without consent of Parliament. 



CIVIL LIBERTY 91 

(2) That the right of petition shall not be denied. 

(3) That a standing army shall not be kept in time of 
peace. 

(4) That subjects shall not be deprived of the right of 
carrying arms. 

(5) That freedom of speech and debate in Parliament 
shall not be impeached or questioned in any place out of 
Parliament. 

(6) That excessive bail ought not to be required, nor ex- 
cessive fines imposed, nor cruel and unusual punishments 
inflicted. 

(7) That Parliament ought to assemble frequently. 

IV. The Declaration of Independence. The rights won 
in England accrued of course to the English colonists in 
America. When the time for independence arrived the 
Americans had several important items to add to the list 
of human rights. These they announced in the Declaration 
of Independence. They declared : 

(1) That all men are equal. 

(2) That governm^ents derive their just powers from the 
consent of the governed. 

(3) That for good reasons the people may abolish the old 
form of government and institute a new form. 

In these three propositions are wrapped up the whole 
doctrine of democracy. In them we see equality before the 
law, universal suffrage, democratic government and consti- 
tutional conventions. When we consider the world-wide 
influence of these three declarations we must regard them 
as the greatest enlargement of civil liberty recorded in the 
history of politics. 

V. State Constitutions. When the people of the revolting 
colonies were ready to begin government on their own ac- 
count, the Great Charter, the Petition of Right, the Bill 
of Rights and the Declaration of Independence served as 
texts for a new and complete declaration of American civil 
liberty. This declaration was made in the State constitution 



92 THE AMERICAN GOVERNMENT 

of the newly formed States. If you will examine the bill 
of rights in any State constitution— the newer States have 
fashioned their constitutions after those of the older States 
— you will find that it declares the rights affirmed in the 
three great English liberty documents and in the Declara- 
tion of Independence. If it does more than this it simply 
adds several additional rights which have been evolved 
from American experience. 

VI. The Federal Constitution. We have seen that the 
first ten amendments were hurriedly added to the Constitu- 
tion as a check upon the power of the federal government. 
The first eight of these amendments bear a strong resem- 
blance to the bill of rights of a State constitution, and are 
regarded as the bill of rights of the federal Constitution. 
It ought to be clearly understood, however, that the rights 
declared in these amendments do not belong to the American 
citizen unless they are also declared in the constitution of 
the State in which the citizen lives. The federal government 
cannot deprive a citizen of any of these rights, but the 
State can. For example, Congress cannot abridge the free- 
dom of speech, but a State legislature can do so if the State 
constitution does not forbid. The federal government cannot 
guarantee the rights which the Constitution forbids it to 
infringe. It is to the State constitution we must look for 
most of the positive guarantees of our civil liberty. 

Constitutional Liberty and its Preservation. Thus it is 
seen that civil liberty in America means constitutional lib- 
erty. In the constitutions we find set down in black and 
white precisely the rights we are to enjoy. The constitutions, 
however, do not create civil liberty. Liberty is not an ar- 
tificial creation of a convention. It is a divine gift bestowed 
only upon those who make themselves worthy of it by being 
true to the nobler impulses and longings of their nature. 
All the constitution can do is to give liberty a voice. It 
states in plain words the rights which the people claim. 
When rulers are tempted to act tyrannically the solemn 



CIVIL LIBERTY 93 

prohibitions of the constitution bid them pause; when the 
majority is tempted to ignore the rights of the minority 
or of the individual, the words of the constitution stare it 
in the face. If people or rulers violate the bill of rights, 
then the constitution is a mockery and civil liberty does 
not exist. 

Constitutions do not create rights, nor do they preserve 
them. We have seen that American civil liberty is the 
fruitage of many centuries of costly and patriotic endeavor. 
As it has been acquired, so will it be maintained. The pres- 
ervation of human rights will always depend upon the 
watchfulness and zeal of those who love freedom. If we do 
not love freedom well enough to fight for it, if we prefer 
the quietude of despotism to the boisterousness of liberty, 
we may be sure that the lovers of power will sooner or later 
fasten a despotism upon us. We ought, therefore, to culti- 
vate the habit of keeping our eyes upon our constitutions, 
and protesting whenever a right is denied, and we ought 
not to rest content until the right is regarded and the vio- 
lator of the constitution punished. 

QUESTIONS ON THE TEXT 

1. Define civil liberty. 

2. What is the Great Charter? What are its important provisions? 

3. What is the Petition of Eight? Name its most important pro- 
visions. 

4. What is the Bill of Eights'? Name its most important declarations. 

5. What great principles of democracy are declared in the Declara- 
tion of Independence? 

6. Of what is the bill of rights in the State constitution composed? 

7. What is the origin of the bill of rights of the federal Constitution? 
How does this differ from the bill of rights of a State constitution? 

8. Explain the statement that civil liberty is constitutional libei-ty. 

9. How may constitutional liberty be preserved? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Prepare a biU of rights for a State constitution, using JMagna 
Carta, the Petition of Eight, the Bill of Eights, and the Decla^-ation of 
Independence as a basis, and after it is prepared compare it with the 



94 THE AMERICAN GOVERNMENT 

bill of rights of your State constitution, and with the first eight amend- 
ments of the federal Constitution. 

2. Bring into the class for inspection a facsimile of Magna Carta. 

3. Prepare a five-minute paper on ''The Eeign of Johri. " Green's 
''Short History," pp. 147-156. 

4. Prepare a five-minute paper on ' ' Charles First and the Petition of 
Eight. ' ' Green, pp. 485-495. 

5. In what respects are men equal? 

6. What great names are connected with the cause of American lib- 
erty? 

Topics for Special TTorX;.— The Principles of the Fathers: 3, 1-45. 
Liberty, Equality, Fraternity: 4, 78-87. 



XIII 

CIVIL RIGHTS AND DUTIES 

Civil Rights and Political Rights. The rights flowing from 
American civil liberty may be divided into two classes, 
civil rights and political rights. Civil rights are those 
which a person enjoys as a private citizen, as an individual. 
They are enjoyed under the authority and sanction of gov- 
ernment, but they are not related to the subject of govern- 
ment. Political rights are those which belong to a citizen 
regarded as a participator in the affairs of government: 
they may be called the public rights of citizenship. Citi- 
zenship does not necessarily carry with it the whole body 
of civil liberty. Minors and incapables do not have all the 
civil rights, and the political rights belong to only about one 
fifth of the total number of citizens. 

Who are Citizens. Who are American citizens ? This ques- 
tion was left in doubt by the Constitution until the adop- 
tion of the fourteenth amendment in 1868. That amend- 
ment declares (150) that " all persons born or naturalized 
in the United States and subject to the jurisdiction thereof 
are citizens of the United States and of the State wherein 
tiiey reside." Under this definition the following have been 
adjudged to be citizens of the United States : 

(1) All persons born in the United States excepting the 
children of diplomatic agents and of hostile aliens. 

(2) Children born in foreign countries whose parents at 
the time of their birth were citizens of the United States. 

95 



96 THE AMERICAN GOVERNMENT 

(3) Women of foreign birth married to citizens of the 
United States. 

(4) Indians who pay taxes and no longer live in tribal 
relations. 

(5) Naturalized persons. 

Persons who do not belong to any of the above classes 
are aliens {alienus, a foreigner). There are already seven 
millions of aliens living in onr midst, and thousands of for- 
eigners enter the United States every week. Aliens may 
become citizens by complying with the regulations pre- 
scribed by Congress (48) for naturalization^ the process by 
which foreigners lose citizenship in one country and ac- 
quire it in another. 

The process of naturalization is as follows: (1) At least two years 
before he can be admitted as a citizen the alien must appear before a 
State or a federal court and take an oath that it is his intention to 
become a citizen of the United States and ' ' to renounce forever all alle- 
giance and fidelity to any foreign prince or state and particularly to 
the one of which he may at the time be a citizen or subject." He 
must also swear to support the Constitution of the United States. 

(2) Not less than two years nor more than seven years after this 
declaration of his intentions the alien may apply to a federal or State 
court for full admission as a citizen. If the judge of the court is 
satisfied that the alien is able to speak the English language and write 
his own name, that he has resided in the United States for five years, 
and that he is a person of good moral character, full citizenship will 
be conferred. A person thus naturalized has the same rights as native 
born citizens of the United States except that he cannot become the 
President or Vice-President of the United States. The children of 
naturalized persons are considered as citizens if they were under 
twenty-one years of age and were dwelling in the United States at the 
time of the naturalization of their parents. Alien Chinese and Japan- 
ese are not entitled to be naturalized. Persons professing the doctrines 
of anarchy and openly opposing all form of organized government 
are also refused the gift of naturalization. i 

The Civil Rights of State Citizenship. The rights of Amer- 
ican citizenship flow from two sources, from the State and 
from the nation. Since each State in a large measure de- 



CIVIL EIGHTS AND DUTIES 97 

termines for itself the character of the civil liberty that 
is to be enjoyed within its borders, the rights of an 
American citizen are not everywhere the same. As we 
travel through the States our rights change every time we 
pass from one State into another. When the citizen of 
one State enters another State he has the rights of the 
citizens of that State (116), and those rights only. There 
are, however, certain civil rights which are enjoyed in 
every State in the Union and which may be called the 
civil rights of State citizenship. These are the rights 
guaranteed in the State constitutions. In the constitution 
of almost every State it is declared: 

(1) That all men have the right of enjoying and de- 
fending life and liberty, of acquiring, possessing and pro- 
tecting property and reputation, and of pursuing their own 
happiness : 

(2) That men have a right to worship God according to 
the dictates of their own conscience, .and that no prefer- 
ence by law should be given to any religion, and that no 
person should be disqualified for office on account of his 
religious belief: 

(3) That trial by jury is a right inviolate. 

(4) That the printing-press shall be free, and that every 
citizen may freely print, write and speak on any subject, 
being responsible for the abuse of this privilege: 

(5) That people shall be secure in their persons, houses, 
papers and possessions against unreasonable searches and 
seizures, and that no warrant to search any place or seize 
any person shall issue without probable cause : 

(6) That in all criminal prosecutions the accused has a 
right to be heard by himself and his counsel, to meet wit- 
nesses face to face, to compel witnesses who are in favor 
to come to court and testify, and to a speedy trial by an 
impartial jury: 

(7) That no person can be compelled to give evidence 
against himself, nor be deprived of his life, liberty or prop- 
erty unless by the law of the land : 



98 THE AMERICAN GOVERNMENT 

(8) That no person for the same offense shall be twice 
put in jeopardy of life and limb : 

(9) That all courts shall be open and that every man 
shall have justice without sale, denial or delay: 

(10) That excessive bail shall not be required, nor ex- 
cessive fines be imposed, nor cruel punishment inflicted: 

(11) That all prisoners shall be bailable by sufficient 
sureties, unless for capital offenses: 

(12) That the writ of habeas corpus ^ shall not be sus- 
pended unless in time of rebellion or invasion : 

(13) That there shall be no imprisonment for debt, un- 
less in cases of fraud : 

(14) That citizens have a right to assemble in a peace- 
able manner and to apply to the rulers for a redress of 
grievances : 

(15) That the military shall at all times be kept in strict 
subordination to the civil power : 

(16) That no soldier in time of peace be quartered in 
any house without the consent of the owner. 

The Civil Rights of Federal Citizenship. The first sec- 
tion of the fourteenth amendment to the Constitution (150) 
creates a distinct federal citizenship, and provides that 
no State shall abridge the privileges of that citizenship. 
What are the privileges which a citizen of the United 
States enjoys and which no State can abridge? This is 
a question which has been constantly asked in the federal 
Supreme Court since the adoption of the fourteenth amend- 
ment. The court will not undertake to enumerate all the 
rights arising under the amendment, but it has been de- 
claring them from time to time as cases have been brought 

^ Whenever a man is placed in confinement against his will and the 
fact is made known to a judge of a court, the judge, unless he knows 
the confinement is legal, is bound, upon application, to issue immediately 
a writ, called habeas corpus, commanding the prisoner to be brought 
before him for examination. If there seems to be cause for the deten- 
tion of the prisoner he is sent back to prison to await a full trial; if 
there seems to be no cause he is set free. 



CIVIL EIGHTS AND DUTIES 99 

before it. Human rights are acquired slowly, and it may 
be many years before we shall know the full effect of the 
fourteenth amendment. At present it is possible to enu- 
merate the following as the rights of federal citizenship, — 
rights which flow from the Constitution, which belong 
to every citizen of the United States, and which cannot 
be denied by State authority: 

I. Due Process of Law. No person in the United States 
shall be deprived of life, liberty or property without due 
process of law. Here is a right which no State can abridge 
(151) and which the federal government itself cannot deny 
(152). A person seeking justice, whether in civil or crim- 
inal cases, under his right of due process may demand (1) 
that there be a court of law for the trial of his case; (2) 
that the proceedings of the trial be regular; (3) that the 
trial be fair. What the regular course of procedure in a 
State court shall be is a matter for the State itself to 
determine; but after the State has once decided upon the 
course that justice shall take, after it has once established 
the process of law, it cannot deprive any person of the 
benefits that arise from those processes. What due process 
in the federal courts is may be learned in the fifth, sixth, 
seventh and eighth amendments of the Constitution. 

II. Equal Protection of the Laws. ' ' Every person within 
the jurisdiction of any State, whether he be rich or poor, 
humble or haughty, citizen or alien, is assured of the pro- 
tection of equal laws (152)— applicable to all alike and 
impartially administered without favor or discrimination. ' ' 
(Guthrie.) 

III. Protection on the High Seas and in Foreign Coun- 
tries. A citizen of the United States, in whatever part of 
the world he may be, is entitled to protection against in- 
justice or injury, and this protection is a right of federal 
citizenship, and is extended by the federal government. 

IV. State Citizenship. Every citizen of the United 
States has a right to become a citizen of a State by a 
hona fide residence therein. 



100 THE AMERICAN GOVERNMENT 

The above rights have been declared by the federal 
Supreme Court to belong to every person who is a citizen 
of the United States. Add to these rights of federal citi- 
zenship the rights enumerated as belonging to State citi- 
zenship and you have a list of the most important civil 
rights of the American citizen. 

The Duties of Citizenship. The duties of citizenship are 
always equal to its rights. If I can hold a man to his con- 
tracts, I ought (I oive it) to pay my own debts; if I may 
worship as I please, I ought to refrain from persecuting 
another on account of his religion; if my own property 
is held sacred, I ought to regard the property of another 
man as sacred; if the government deals fairly with me 
and does not oppress me, I ought to deal fairly with it 
and refuse to cheat it ; if I am allowed freedom of speech, 
I ought not to abuse the privilege; if I have a right to 
be tried by a jury, I ought to respond when I am sum- 
moned to serve as a juror; if I have a right to my good 
name and reputation, I ought not to slander my neighbor ; 
if government shields me from injury, I ought to be ready 
to take up arms in its defense. 

Civil rights are inseparable from civil duties; the con- 
tinued and full enjoyment of the former depends upon 
the fulfillment of the latter. Since duty is largely a mat- 
ter of morals, good citizenship also would seem to be a 
question of morals. In the last analysis this is true. After 
all is said, good citizenship is reached only by the rough 
path of duty, and men will tread this path not because a 
legislature commands them, but because conscience leads 
them on. 

QUESTIONS ON THE TEXT 

1. What is meant by dvil rights? political rights? 

2. What classes of people are citizens of the United States? 

3. Describe the process of naturalization. 

4. Explain how the rights of citizenship may differ in the different 
States. 



CIVIL RIGHTS AND DUTIES 101 

5. Enumerate the civil rights guaranteed by the State. 

6. What effect did the adoption of the fourteenth amendment have 
upon the character of citizenship in the United States? 

7. Enumerate and describe the rights that grow out of federal citi- 
zenship. 

8. What is the relation of civic right to civic duty? Name some of 
our civic duties. 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Examine the Constitution for answers to these questions: (1) Can 
a person be compelled in a federal court to be a witness against him- 
self (138)? (2) What are the rights of an accused person in a 
federal court (139)? (3) What is the rule in federal courts in refer- 
ence to witnesses (140) ? (4) What is the rule in reference to trial by 
jury (141)? (5) In reference to bail (142)? 

2. Under the fourteenth amendment what are the rights of an alien? 
Enumerate your individual rights as these are declared in the constitu- 
tion of your State. 

3. Political philosophers frequently speak of natural rights. What 
is the root meaning of the word iiatural? Name the rights which you 
would be inclined to class as natural. 

4. What is meant by the ' ' inalienable rights ' ' mentioned in the Dec- 
laration of Independence? 

5. Joined with every right there is a duty. Name the duty which 
belongs to each of the rights of American citizenship. 

6. Discover, if you can, a social or civil right to which there is not 
a duty attached. 

7. Has a student a right to study so hard that his health is injured 
thereby ? 

8. Do you as minors enjoy all the civil rights? Name those of which 
you are deprived. 

9. What does the constitution of the State say about aliens? 

A Hint on Beading.— W. D. Guthrie, ''The Fourteenth Amendment." 

Topics for Special TForfc.— Citizenship: 9, 241-249, Duties of Citi- 
zenship: 5, 525-530. The Writ of Habeas Corpus: 30, 105-110. The 
Eights of Citizenship under the Fourteenth and Fifteenth Amendments : 
30, 100-105. 



XIV 

POLITICAL RIGHTS AND DUTIES 

The Origin of Political Rights. Political rights invest the 
citizen with the privilege of participating in government, 
and consist of the right of voting at elections and of 
holding public office. These rights are an outgrowth of 
the struggle for civil rights. In that struggle the people 
learned that a privileged ruling class could not be trusted. 
They saw that if their rights were to be respected, govern- 
ment must pass either into their own hands or into the 
hands of their chosen agents. Therefore in order that 
they might protect their civil rights they demanded the 
reins of government. At first the privilege of voting and 
holding office was granted only to the leaders among the 
people, to the high-born and wealthy and learned. Later 
a middle class consisting of small property-holders, trades- 
men and artisans and professional people, saw that its 
interests would be promoted by a participation in govern- 
ment. It demanded political rights and obtained them. 
Finally the propertyless men and the ignorant men began 
to think that their civil rights would be worth more to 
them if they had the right to vote. They asked for the 
right and it was granted to them. From first to last, there- 
fore, political rights have grown out of men's efforts to 
preserve and promote their civil rights. 

The Elective Franchise. The suffrage, or the right of 
voting, is sometimes regarded as a natural right, as a right 
inherent in citizenship. Men will say that you might as 

• 102 



POLITICAL EIGHTS AND DUTIES 103 

well deny the right of acquiring property or of defending 
one's person from attack, as to deny the right of suffrage. 
This view is justified neither by the facts of history nor 
by the present policy of government. The right to vote 
is a franchise or privilege granted by the state to such 
citizens as are deemed worthy of possessing it. For a long 
time governments were accustomed to sell the elective fran- 
chise for a sum of money. Thus in the early days of New 
York City a man was not allowed to vote until he had 
first paid twenty-five dollars into the city treasury. With 
the growth of popular government the custom of selling 
the franchise was discontinued, and the right of voting 
was conferred upon certain citizens because they possessed 
certain qualifications. At the time of the Revolution a 
most important qualification was the possession of prop- 
erty. Before a man could vote, he must be possessed of a 
certain income or a certain amount of land. With the 
progress of democracy in the nineteenth century the prop- 
erty qualification was gradually removed. 

In the United States at the present time the qualifications 
of a voter relate chiefly to age, sex and nativity, although 
in a few instances an educational or property qualification 
is still required. Whatever the qualifications may be, it 
ought to be noticed that they are imposed by government, 
and that the elective franchise is a privilege which may 
be granted or withheld, and is not a right which the citizen 
enjoys simply because he is a citizen. 

Political Rights Conferred by State Authority. Authority 
for granting the suffrage and defining the qualifications 
of voters resides chiefly in the State. The only restriction 
upon the power of the State to regulate the elective fran- 
chise is found in the fifteenth amendment to the Constitu- 
tion, where it is declared that the right of citizens of the 
United States to vote shall not be abridged by any State 
on account of race, color or previous condition of servitude 
(159). As long as the State does not violate this amend- 



104 THE AMEHICAN GOVERNMENT 

ment it is free to regulate the suffrage in its own way. 
It may even grant the elective franchise to aliens and may 
withhold it from citizens. If the State should violate the 
fifteenth amendment it is difficult to say what would be 
done. It would seem that the State's representation in 
Congress would be decreased, for when the right to vote 
at any election for President or Vice-President, or for 
representatives in Congress, is denied to any of the male 
adult citizens of a State other than criminals, the basis 
of the State's representation in Congress may be reduced 
in the proportion which the number of disfranchised citi- 
zens bears to the whole number of male adults in the State 
(154), According to this rule, if a State with twelve repre- 
sentatives in Congress should disfranchise one third of its 
male adult citizens it should lose four of these representa- 
tives. Its basis of representation, however, would not be 
reduced without action on the part of Congress (158). 

The Qualifications of Voters. When we observe how 
widely the political conditions in one State differ from 
those in another, and consider how great is the opportu- 
nity for a variety of regulations in reference to voting, the 
laws governing the suffrage throughout the Union seem to 
be remarkably uniform. This uniformity is due in part to 
a democratic spirit of equality, and in part to the provisions 
of the fourteenth and fifteenth amendments. 

In all the States the age qualification for voting is 
twenty-one years; in forty-two States only males can vote 
at general elections ; in all the States a previous residence 
within the State varying from six months to two years is 
required ; in thirty-three States a voter must be a citizen 
of the United States ; in twelve States aliens may vote ; in 
all the States but nine there is an absence of anything like 
an educational qualification. In all the States certain 
classes of persons are excluded from the privilege of voting. 
Chief among these are lunatics, idiots, paupers and convict 
criminals. 



POLITICAL RIGHTS AND DUTIES 105 

Female Suffrage. In recent years the question of extend- 
ing the suffrage to women has arisen in legislatures and in 
constitutional conventions, and in parts of the country there 
is a strong public opinion in favor of allowing women to 
vote. In Colorado, Idaho, Utah, Washington, California and 
"Wyoming women may vote at all elections. Where questions 
of taxation or education are involved there seems to be a 
wide-spread disposition to give w^omen an opportunity to 
be heard. Since women pay taxes, and since they are as 
deeply interested in the public schools as men can be, it is 
quite generally conceded that they should not be entirely 
ignored as taxpayers, and that they should have a voice 
in the management of schools. In accordance with this 
sentiment, many States are granting to women the right 
to vote on certain financial questions and in the selection 
of school officials. More than half the States permit women 
to participate in some degree in public affairs. / 

The Right of Holding Office. The right of holding office 
is more indefinite than the right of suffrage. It may be 
stated as a general rule that any one who may vote is quali- 
fied to hold office. It does not follow, however, that be- 
cause one may not vote one may not hold office, for women 
often hold office even in States in which they have no 
right to vote. Qualifications for the occupants of most 
offices are prescribed by law, and these of course must be 
met. When there are no special legal qualifications at- 
tached to an office it may usually be held by any one who 
can get himself elected or appointed to it. A person who, 
as a State official, has taken an oath to support the Con- 
stitution of the United States and who has afterwards 
joined in rebellion against the United States is debarred 
from holding office (155). 

Duties of a Voter. The American voter should regard him- 
self as an officer of government. He is one of the members 
of the electorate, that vast governing body which consists 



106 THE AMERICAN GOVERNMENT 

of all the voters, and which possesses supreme political 
power, controlling all the governments, federal and State 
and local. This electorate has in its keeping the welfare 
and the happiness of the American people. When, there- 
fore, the voter takes his place in this governing body, 
that is, when he enters the polling-booth and presumes 
to participate in the business of government, he assumes 
serious responsibilities. In the polling-booth he is a pub- 
lic officer charged with certain duties, and if he fails to 
discharge these duties properly he may work great injury. 
What are the duties of a voter in a self-governing country? 
If an intelligent man will ask himself this question and 
refer it to his conscience, as well as deliberate upon it in 
his mind, he will conclude that he ought at least to do the 
following things : 

(1) To vote whenever it is his privilege. 

(2) To try to understand the questions upon which he 
votes. 

(3) To learn something about the character and fitness 
of the men for whom he votes. 

(4) To vote only for honest men for office. 

(5) To support only honest measures. 

(6) To give no bribe direct or indirect, and to receive 
no bribe direct or indirect. 

(7) To place country above party. 

(8) To recognize the result of the election as the will 
of the people and therefore as the law. 

(9) To continue to vote for a righteous although de- 
feated cause as long as there is a reasonable hope of victory. 

QUESTIONS ON THE TEXT 

1. "What has been the origin of political rights? 

2. How does the right of voting differ from a natural right? What 
is the policy of governments in reference to the suffrage? 

3. What restrictions are placed on the State in the matter of granting 
suffrage? 

4. State the quialifications which are usually placed upon the suf- 
frage. 



POLITICAL RIGHTS AND DUTIES 107 

5. To what extent does female suffrage prevail in the United States'? 

6. What is the general rule in reference to the right of holding ofdce? 

7. In what sense is a voter an officer of government? 

8. Enumerate the duties of a voter. 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Examine the constitution of your State for answers to the fol- 
lowing questions: 

(1) What is the qualification of voters as to age? as to residence 
— (a) in the State? (&) in the county? (c) in the election 
district? as to sex? as to education? as to the possession of 
property? as to citizenship? Can an alien vote in this 
State? 

(2) What special immunities have voters on election day? 

(3) What persons are disqualified to vote in this State? 

2. Are the qualifications and disqualifications mentioned in the State 
constitution all just and proper? If not, state where you would have 
changes made. 

3. After careful thought state the arguments for and against an 
educational qualification for voting. 

4. Discuss the subject of female suffrage from the standpoint (a) 
of justice, (&) of woman's fitness for voting, (c) of the effect upon 
politics, (d) of the effect upon woman herself. 

5. Give the meaning of the following words: elector, resident, in- 
habitant, denizen, citizen, subject. 

6. Would you vote for or against a bill that compelled citizens to 
vote? Give reasons for your answer. What proportion of the voting 
population of the United States voted at the last presidential election? 

7. Of the duties of the voter mentioned in the last section which are 
the easiest to fulfil? 

8. When you shall become qualified do you intend to vote? What 
personal advantage may you reap from voting? State the losses that 
society would sustain if you should be deprived of your right to vote. 

9. What influence and considerations will probably determine your 
vote? 

10. Suppose the people of an absolute monarchy enjoyed to the 
fullest extent all civil rights, would they profit any by having the 
political right granted to them? 

11. What are the constitutional provisions in this State in reference 
to holding public office? 

Topics for Special TFor/^;.— Political Eights: 1, 62-103. Suffrage and 
Elections: 5, 423-430. Qualifications for Voting: 25, 10-21. The 
Education of Voters: 30, 118-126. The Responsibility of Citizenship: 
30, 126-128. 



xy 

A REVIEW 

The Characteristic Features of American Government. 

The essentials of our political system have now been pre- 
sented. If we will review the previous chapters and ana- 
lyze their contents we shall find that the characteristic 
features of the American government may be indicated in 
the following propositions : 

I. It is democratic. It is '^of the people and by them 
and for them." In small matters and in great matters 
the wishes of the people are consulted and their will 
obeyed. "*X. 

II. It is representative. In but few instances do we 
find the people governing as a pure democracy. They are 
content that the actual business of government shall be 
conducted by chosen officers. 

III. Its powers are sharply separated and nicely balanced. 
The law-maker has his peculiar duties, and so has the exec- 
utive and the judge. Each department acts independently 
of the others. One department may check another, but 
it may not control another or usurp its powers. 

IV. It is constitutional. Public business is conducted 
and laws are enacted according to the plain provisions 
of a formal instrument. Officers of government swear to 
support the Constitution, and the people are under a solemn 
obligation not to violate it. 

V. It is federal. Everywhere a central power admin- 
isters the great affairs which pertain to the national wel- 
fare, while other affairs are left to be administered by the 

108 



A EEVIEW 109 

anthority of the State. The federal relation is firmly es- 
tablished and clearly defined: the State and the federal 
government working together give us a Union which can- 
not be dissolved, and a State which cannot be destroyed. 

VI. It is expansive. It is always extending the area 
of its influence. A community under the protection and 
authority of the Union is usually admitted as a State soon 
after it is prepared to govern itself in the American way. 

YII. It is decentralized as to local affairs. All power 
does not radiate from a central source. Large authority 
resides in the State as well as in the Union, and local self- 
government lodges power in places still further removed 
from the centre. 

VIII. It is conducted hy political parties. The popular 
will is ascertained by the efforts of political organizations, 
and the organization that gets the most votes is deemed 
the rightful possessor of political power. 

IX. It yields a full raea^ure of civil liberty. The Ameri- 
can people are the political heirs of all the ages. Collec- 
tively they are provided with every means of resisting 
tyranny and injustice, while the individual citizen enjoys 
all the civil and political rights that can be enjoyed con- 
sistently with the safety and welfare of society. 

X. It rests upon the performance of individual duty. 
The more we study the American government the plainer 
this truth appears. We learned at the outset that the 
success of democracy depends upon the conduct of indi- 
viduals, and in the examination of the various political 
contrivances by which our government is operated we 
have discovered no device for relieving the individual of 
a personal performance of political duty. 

The American Spirit. Some one has said that in every 
high school and college there should be a ^'professor of 
America." There is just a little boastfulness in the utter- 
ance, yet it nevertheless contains a sane suggestion. One of 
the chief tasks of this ^'professor of America" Avould be to 



110 THE AMERICAN GOVERNMENT 

train his pupils to distinguish between that which is 
American and that which is un-American. It should be 
confessed that as far as political matters are concerned 
such a training would be useful. It is good to be able 
to stamp instantly and unerringly a political act or move- 
ment or sentiment as American or as un-American. 

The student ought at this point to be able to tell what 
is truly American and what is not. It is American to trust 
the people, to have implicit faith in their ability to govern 
themselves; it is un-American to be always carping at 
democracy and predicting its downfall. It is American 
to recognize the moral and legal equality of men and 
to cherish the feelings of universal brotherhood; it is un- 
American to foster the spirit of aristocracy or of class 
hatred. It is American to give power abundantly to 
leaders who have been elected at the polls, for such leaders 
are real representatives ; it is un-American to submit tamely 
to the rule of a self-appointed "boss." To encourage and 
sustain a department of government when it is contending 
for its rights is American; to aid in increasing the power 
of a usurping department is not. To accomplish a po- 
litical purpose by altering the Constitution in a formal, 
deliberate manner is American ; to act in wanton disregard 
of constitutional restraint is not. It is American to exalt 
the Union, but it is un-American to belittle the State. It 
is American for the State authority to uphold and maintain 
justice and law and order, but it is un-American to give 
to the State government the management of affairs that are 
purely local. It is American to use the political party as 
a means of government, but to regard party as the end 
of government is un-American. To enjoy every right 
which belongs to a free and enlightened people is Ameri- 
can, but it is un-American to insist upon a liberty that 
runs into license and riot. 

By adhering to the American way we shall preserve the 
spirit of the American government, and the spirit of a 
government is as important as its form. "The letter kill- 



A REVIEW 111 

eth, but the spirit giveth life." Indeed the form of the 
American government is only an outgrowth of the spirit 
which animated its founders. The American fathers loved 
libert}^ and believed the people should have a controlling 
hand in government, and they drew the Constitution in 
trend with their affections and beliefs. The spirit of the 
fathers became the spirit of the generations which followed, 
and is the American spirit to-day. As long as that spirit 
shall survive the American citizen may say: '^ Under my 
government I know and exultingly feel both that I am 
free and that I am not dangerously free to myself or to 
others. I know that if I act as I ought no power on earth 
can touch my life, my liberty, my property. I have that 
inward and dignified consciousness of my own security 
and independence which constitutes, and is the only thing 
which does constitute, the proud and comfortable sentiment 
of freedom in the human breast. I know, too, and bless 
God for my own mediocrity ; I know that I cannot, by any 
special favor or by popular delusion or by oligarchical 
cabal, elevate myself above a certain very limited point 
so as to endanger [incur the risk of] my own fall or the 
ruin of my country. I know there is a constitution that 
keeps things fast in their place : it is made to us and we are 
made to it." {Edmund BurJce.) 

AN EXEECISE 

Classify the following as American or un-American, testing eaeh 
classification by some fundamental principle: (a) The people of a State 
choose as their governor a man who does not reside in the State; (b) 
a town with a population of 500 has as many representatives as a city 
with a population of 100,000; (c) a man seeks a title of nobility; 
(d) a pupil seeks a medal awarded for scholarship; (e) the State 
government controls the police force of a city; (/) the State govern- 
ment controls the public schools of a city; (g) the local government 
constructs roads; (h) the federal government constructs roads; (i) the 
State government constructs roads; (j) a man always votes with his 
party; (Jc) a man never votes at all; (I) the legislature raises the salary 
of public employees; (m) the executive raises the salary of public 
employees; (n) a man contends that democracy is the worst form of 
government; (o) a man is punished for contending that democracy is 



112 THE AMERICAN GOVERNMENT 

the worst form of government; ( p) a man was arrested for teaching 
the doctrine of Buddha; (q) a legislator would not receive a request 
to enact a certain law; (r) there was held a mass meeting at which the 
representatives of the people were requested to enact a certain law; 
(5) there was held a mass meeting at which the representatives were 
commanded to enact a certain law; (t) the legislature of a State passed 
a resolution denouncing the action of a foreign government; (u) a 
law provides that the governor shall appoint the county commissioners ; 
(v) a law provides that the governor shaU appoint the county judges; 
(w) the federal government informed the drivers of its mail-carts that 
tiiey might drive at a speed greater than that permitted by the local 
asjithorities ; (x) a State made forty years the age qualifications for vot- 
iiig; (y) ^ State made seventeen years the age qualification for voting; 
(s) a law forbidding adults to be on the street after midnight; (aa) 
a law forbidding children under twelve years of age to be on the streets 
after 10 p.m. 

A Hint on Beading. — C. G. Tiedemann, ''The Unwritten Constitution 



PART II 

THE ORaANIZATION OF THE AMERICAN 
GOVERNMENT: THE FORM 



XVI 

THE ORGANIZATION OF CONGRESS 

Introductory. Now that the fundamental principles of 
our government have been learned, we may pass to the 
subject of its organization. We shall study the organ- 
ization of (1) the federal government, (2) the State gov- 
ernment, (3) local government, and (4) political parties. 

The organization of the federal government is deter- 
mined by the Constitution, Article I providing for the 
legislature, Article II for the executive, and Article III 
for the judiciary. We can learn in these Articles of the 
qualifications of federal functionaries, of the length of 
their terms of service, of the manner of their appointment 
or election, of their duties and privileges. Many of the 
facts of federal organization are stated in the Constitution 
so clearly and fully as to make it unnecessary to refer to 
them in the text. No important facts, however, ought 
to be neglected by the student, and he will neglect none 
if, in addition to answering the questions on the text, 
he will also answer those questions at the end of the 
chapters where reference is made to the Constitution. 

Representation in Congress. At the time when the Con- 
stitution was framed many novel theories of government 
were in circulation, but fortunately the men of the Con- 
vention avoided ideal schemes. As practical statesmen 
they knew that if their work was to be successful they must 
plan for a central government which should resemble as 
nearly as possible the government to which the people were 
already accustomed. Accordingly it was early determined 

115 



116 THE AMERICAN GOVERNMENT 

by the Convention to take the existing State government, 
with its three departments, as a pattern for the federal 
structure. Having determined upon this, the next prob- 
lem was to provide for a legislature. Since in all the States 
but two (Georgia and Pennsylvania) the legislatures were 
bicameral, and since a bicameral legislature is a charac- 
teristic institution of English speaking peoples, the senti- 
ment for a Congress of two houses easily carried the day (2). 
Then arose the question, how shall the States be represented 
in Congress ! Should they be represented as they had been 
under the Confederation— one State, one vote? Should 
they be represented according to wealth? Should they be 
represented according to population? These questions 
gave the Convention a deal of trouble. 

Some of the members wanted representation according 
to wealth, but the democratic spirit in the convention was 
too strong for them. Virginia and several large States 
wanted representation according to population, while New 
Jersey and several small States contended that each State 
ought to have equal representation in Congress. Here was 
a struggle between the large States and the small States, or, 
regarded from another standpoint, a struggle between the 
national principle and the federal principle. The national, 
or large-State, party insisted that the United States was a 
nation, one homogeneous political society consisting of thir- 
teen sections or geographical districts called States, and 
that each of these States ought to be represented in the fed- 
eral Congress according to its population. According to 
this view the new government was to be national, and if the 
national principle had fully prevailed a government re- 
sembling the centralized type (p. 74) would have been 
established. The small-State party contended that the 
United States were thirteen different political societies, 
each the judge of its own political competency, each the 
political equal of another, and that since the new gov- 
ernment was to be a union of equals, each State should 
be equally represented in the legislature. The supporters 



THE ORGANIZATION OF CONGRESS 117 

of this idea desired the new government to be strictly 
federal and decentralized. 

The debate upon the Virginia plan and the New Jersey 
plan continued without the prospect of a satisfactory con- 
clusion until Connecticut came forward with this propo- 
sition : Let each State, regardless of its population, be rep- 
resented in the Senate by two senators (15) ; in the House 
let each State be represented according to its population 
(7). The aged Franklin supported this compromise: 
*'When a broad table is to be made," he said in his homely 
wisdom, ' ' and the edges of the planks do not fit, the artist 
takes a little from both and makes a good joint." The 
Connecticut plan prevailed and a Congress was established 
that was partly federal and partly national. 

In the Senate the federal principle prevails, but not 
fully, for the two senators are not required to vote to- 
gether and cast a single vote, as they would be required 
to do under a purely federal plan. Nevertheless it is in 
the Senate that we must look for the federal element of 
our system, for there a State as a State is strong. The 
twenty-five smallest States with their three million voters 
can wield more power in the Senate than the twenty-three 
largest States with their fifteen million voters. There is 
nothing unjust in this. The decentralized features of our 
system cannot be maintained unless we keep the States 
equal in the Senate. 

The framers intended that this equality should never be 
destroyed, for when they prepared the clause relating to 
amendment they took care to provide that ''no State 
without its consent shall be deprived of its equal suffrage 
in the Senate" (124). According to these words we can 
never amend the Constitution so as to give a State 
more or less than two Senators. Of course this is going 
too far. One generation cannot by a stroke of the pen 
bind all succeeding generations. If the people should want 
this provision changed, the change would have to be 
made. Nevertheless it is not likely that the '' plighted 



118 THE AMERICAN GOVERNMENT 

faith of past generations to the small States ' ' will ever be 
broken. 

In the House of Representatives the national principle 
prevails, for representatives do not appear as representing 
States, but as representing people. But the House is not 
national in every respect, for in the event that it is required 
to take part in the election of a President (84) it votes 
by States, the representation of each State having one 
vote — a recognition of the federal principle. Moreover, 
a State must have at least one representative (10), a con- 
dition that is not required under a purely national system. 
Upon the whole, however, the House is national; its 435 
members represent not forty-eight States, but ninety mil- 
lions of people. 

The Apportionment of Representatives. When it was pro- 
posed to give to each State a number of representatives 
proportional to its population the question of enumeration 
arose: Should every human being count one? In the 
northern States there were but few slaves; in some of 
the southern States there were vast numbers of them. The 
northern States were unwilling to be outnumbered by 
having the slaves counted; the southern States wished 
them to be counted. This difference also ended in a com- 
promise. It was agreed that five slaves should be counted 
as three persons (8), a rule which was changed by the 
fourteenth amendment, which provides that in the appor- 
tionment of representatives to Congress all people except 
untaxed Indians should be counted (153). The number of 
representatives that each State was to have until a census 
could be taken was fixed by the Constitution (11). After 
the first census was taken the apportionment was to be 
regulated by Congress in accordance with the results of 
the census. 

At the establishment of the government one represen- 
tative was allowed for every thirty thousand inhabitants, 
but with the increase of population it was found necessary 



THE ORGANIZATION OF CONGRESS 119 

to increase the ratio of representation. This was done to 
prevent the House from becoming unwieldy by reason of 
numbers. If the original ratio had been retained the House 
of Representatives would now consist of quite three thou- 
sand members— a body entirely too large for deliberate ac- 
tion. The present ratio of representation (211,877) gives a 
House of 435 members. 

The Election of Representatives. Any one who is quali- 
fied to vote for members of the more numerous branch of 
the State legislature is qualified to vote for a represen- 
tative in Congress (4). The members of the House are 
elected by a direct vote of the people. For more than 
half a century the States were allowed to elect their 
representatives in their own way, but in 1842 Congress, 
exercising its power (24), ordered that when a State was 
entitled to more than one representative, the representa- 
tives should be elected by districts composed of contiguous 
territory; that the number of these congressional districts 
should be equal to the number of representatives appor- 
tioned to the State; that no district should be entitled 
to more than one representative. The division of a State 
into congressional districts is left with its legislature. The 
districts may conform to such boundaries as the legislature 
may decide upon, but they must contain as nearly as pos- 
sible the same population. Sometimes the dominant party 
in the legislature ''gerrymanders" the districts, that is, 
marks them out in a way that is grossly unfair to the 
minority party. A representative need not reside in the 
district which he represents, but public opinion is strongly 
in favor of residence within the district. It sometimes 
happens that a State, after receiving an increase in the 
number of its representatives, fails to be re-districted be- 
fore the next congressional election. In such cases the 
additional members (or member) are elected by the voters 
of the whole State as a general ticket, and are called 
' ' congressmen-at-large. ' ' 



120 THE AMERICAN GOVERNMENT 

The Election of Senators. Members of the Senate are 
elected by the legislatnres of the several States (15). For 
more than three fourths of a centnry the legislature of 
each State chose United States senators in its own way; 
but, since disagreements were constantly arising as to 
the manner in which the election should be held, Con- 
gress, in 1866, in accordance with its rights (24), ordered 
that the two houses of the legislature should meet in joint 
assembly and elect by joint ballot ; that if on the first bal- 
lot no person should receive a majority of all the votes in 
each house, the balloting should continue from day to day 
(at least one vote being taken each day), until a senator 
should be elected by a majority of all the votes, a majority 
of each house being present. 

This rule, although it may be as good as any that can 
be devised, does not always work well. The position of 
United States senator is highly prized as an honor, and 
the struggle for it is becoming so keen as seriously to in- 
terfere with the regular business of the legislature. Some- 
times, after a contest that has consumed much of the time 
and attention of an entire session, the legislature is com- 
pelled to adjourn without electing a senator. Thus at 
times the rule not only does not work well, but does not 
work at all. One remedy proposed is to have the senators 
elected by the people. To do this with governmental 
authority would require an amendment to the Constitution. 
The House of Representatives by more than a two-thirds 
vote has several times prepared an amendment providing 
for the popular election of the senators, but the Senate has 
not looked with favor upon the proposed change. 

Congress the Focus of American Political Life. Congress, 
by virtue of its organization, is the political nerve-center 
of the Union. The members of the House come fresh and 
direct from the people of the whole country; the voice of 
the House is, therefore, the voice of the nation. The sena- 
tors are the federal ties which unite the State govern- 



THE OEGANIZATION OF CONGRESS 121 

ment with the national government. In the halls of Con- 
gress have been done the things which have made the 
United States the country it is. As in the past Madison, 
Clay, Webster, Calhoun, John Quincy Adams, Sumner, 
Thurman, Blaine, workers in the House and Senate, shaped 
the policies and directed the course of the American nation, 
so in the present the fortunes of the Union are in the 
hands of the men we send to Congress. While we keep 
statesmen there we are safe, but if we should allow Con- 
gress to become a body of political gamesters we would 
doubtless advance rapidly to national ruin. 

QUESTIONS ON THE TEXT 

1. What problems of representation arose in the Convention of 1787? 

2. Explain the difference between the national principle of represen- 
tation and the federal principle. 

3. What was the Connecticut compromise? 

4. In what respect is Congress a national body? In what respect is 
it a federal body? 

5. Why is it likely that the equality of the States in the Senate will 
not be disturbed? 

6. In what manner are representatives apportioned to the several 
States? 

7. Give an account of the election of representatives. 

8. Give an account of the election of United States senators. 

9. Why is Congress the center of national politics? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Show from the history of the times that the people in 1787 needed 
a government which would accomplish just such objects as are men- 
tioned in the preamble (1). 

2. What words in the preamble reveal the democratic feature of our 
Constitution? What words its federal feature? 

3. In referring to the government which has its seat at Washington, 
why do we sometimes speak of it as being federal and sometimes as 
being national? 

4. Give the history of the word "gerrymandering." Is there any 
sign of gerrymandering in the boundaries of the congressional dis- 
tricts of your State? Point out the wrongs of gerrymandering. Bound 
the congressional district in which you live. 

5. By referring to the Constitution answer the following questions, 
and give reasons for the constitutional provisions: How is a member 



122 THE AMERICAN GOVERNMENT 

of the House of Representatives elected, and what is the length of his 
term of office (3) ? What are the qualifications of a member of the 
House as to age, citizenship and residence (5) ? When is a person 
qualified to vote for representatives in the House (4) ? How is a va- 
cancy in the House of Eepresentatives filled (12)? What are the 
qualifications of a senator as to age, citizenship and residence (18) ? 
When does the Vice-President have a right to vote in the Senate (20) ? 
Who presides at an impeachment trial when the President has been im- 
peached (22) ? If the right to membership in Congress is contested 
how is the question decided (26) ? How is the compensation of mem- 
bers of Congress determined (32) ? What special privileges do mem- 
bers of Congress enjoy (33) ? What circumstance will prevent a mem- 
ber of Congress from receiving an appointment to office under the 
federal government (34) ? What circumstance will disqualify a man 
for membership in Congress (35) ? 

6. Should a member of the lower House consider the interests of 
his district as being of more importance than those of the nation? 
Should a senator place the interests of his State above those of the 
nation ? 

7. Congressmen receive twenty cents for every mile of travel to Wash- 
ington and return to their homes. What is the amount of the mileage 
of the member of the House who represents your district? 

8. The Oregon Tlayi of Electing Senators. In Oregon voters express 
their choice for United States Senators at the same time that they vote 
for members of the legislature, and the members of the legislature, in 
accordance with a pledge previously made, simply vote for the senatorial 
candidate who has received the greatest number of votes at the polls. 
This plan has also been adopted by Ohio and Nebraska. It takes the 
election of Senators away from the legislature and gives it to the 
people. What do you think of the Oregon plan? 

9. TJie Fopular Election of Senators. In 1912 Congress submitted to 
the States for ratification an amendment to the Constitution providing 
for the election of Senators by a direct vote of the people. 

Topics for Special TForfc.— The House of Eepresentatives: 7, 33-70. 
The Senate: 7, 79-125. Rights of Senators and Representatives: 6, 
182-186. An Apportionment Bill: 30, 148-149. The House of Repre- 
sentatives and the House of Commons: 30, 149-156. Popular Election 
of Senators : 30, 156-162. 



XVII 

CONGRESS AT WORK 

The Assembling of Congress and its Adjournment. Every 
year on the first Monday in December (25) Congress as- 
sembles in the Capitol at Washington, the Senate occupying 
the north wing of the building and the House the south 
wing. It convenes and adjourns by virtue of constitu- 
tional authority, and not by virtue of a summons or an 
order from the executive. 

The self-convening and the self -adjourning feature of 
Congress is a valuable item of American civil liberty. The 
political history of England had taught the framers that 
it was dangerous to make the assemblage and adjournment 
of the legislature dependent upon the action of the ex- 
ecutive. Kings had refused to call Parliament together 
when the country needed its services, and had dissolved it 
as soon as it showed opposition to the royal will. So the 
framers placed the assembling and adjournment of Con- 
gress quite beyond the power of the executive (25). 

The President, however, may on extraordinary occasions 
convene Congress in an extra session (100), and he may 
also adjourn Congress if the two Houses cannot them- 
selves agree upon a day for adjournment (101). 

When making laws the two Houses must carry on work 
during the same period of time, although either House 
may sit alone for a period not exceeding three days (31). 

The first Congress began its legal existence IMnreh 4, 
1789, and expired at the hour of noon March 4, 1791, when 
the term of the first elected representative ended ; the sec- 
ond Congress came into power March 4, 1791, and ended its 

123 



124 THE AMERICAN GOVERNMENT 

career March 4, 1793; the third Congress began March 4, 
1793, and ended March 4, 1795 ; and thns on to the present 
time. From this we learn (1) that Congresses are num- 
bered according to the biennial periods for which repre- 
sentatives are elected, and (2) that the legal existence of 
Congress begins on March 4 following the election of repre- 
sentatives and ends March 4 two years later. Representa- 
tives are elected in November,^ but, unless an extra session 
is called, they do not actually enter upon their duties until 
the December of the first year of their legal term— more 
than a year after their election. If a Congress should choose 
to do so, it could sit in continuous session from the time it 
first meets to the expiration of its term. In practice the 
work of a Congress is done in two regular sessions. The fixst 
session begins when a Congress assembles in December for 
the first time and ends late in the spring or early in the 
summer of the following year. This is the long session. 
The second or short session begins when the Congress 
assembles in December for the second time and ends at 
twelve o'clock meridian the following March 4. Extra 
sessions begin on a date fixed by the President and end at 
the pleasure of Congress. 

The House at Work. The House consists of nearly four 
hundred men, ambitious, enthusiastic, and for the most 
part in the prime of life. Every member has his heart set 
upon the passage of at least one bill, while many a member 
has a dozen which he wishes to push through. In the 
first few days after the assembling of the House several 
thousand bills are introduced. The ruling purpose of the 
individual member is to get his own measures passed. 
His reputation as a useful public servant, and even his 
seat in Congress may depend upon his success in this mat- 
ter. Every member, therefore, strives with all his might 
to get his favorite measure singled out and brought to 

^ By a special provision of the law Maine and Vermont are permitted 
to elect their representatives in SeptemlDer and Oregon iu June. 



CONGRESS AT WORK 125 

a consideration and a vote. But every bill must be duly 
discussed and must be disposed of in an orderly, decent way. 
Amid the stormy conflicts of interest which are bound to 
arise in the House, and in the confusion and strife which 
are attendant upon the proceedings of such a large and 
virile body, how can business be conducted in due form 
and order? The answer to this question involves the con- 
sideration of (1) the speakership, (2) the committee sys- 
tem, and (3) the rules of the House. 

(1) The Speakership. When the members of a new 
House assemble for the first time the clerk of the previous 
House calls them to order, causes a roll to be called, and, 
if a quorum (27) is present, invites the House to proceed 
with the election of a Speaker (13) who is always chosen 
from among the members of the House. After the election 
of the Speaker the other officers of the House, the sergeant - 
at-arms, the clerk and the doorkeeper are electeti, and the 
work of the session begins. 

The character of the proceedings of the House depends 
largely upon the man selected as Speaker. The duties of the 
Speaker are defined by the rules of the House. He preserves 
order, he signs all bills, he decides questions of parliamentary 
law, he puts questions to the House to be voted upon, and he 
recognizes those members whom he regards as being entitled 
to be heard upon the floor. No member who fails to secure 
the recognition of the Speaker is entitled to be heard. This 
power of recognition, therefore, is most important. 

(2) The Committees. A large legislative body in full 
and open session cannot look into the merits and discuss all 
the items of every proposed bill. There must be a method 
of sifting proposed measures and rejecting worthless and 
absurd propositions so that the attention of the legis- 
lature may be given to serious and important matters. 
From time immemorial this preparation of measures has 
been accomplished through the agency of committees, 
small groups of members, to each of which is assigned the 
duty of attending to a particular branch of legislation. 



126 THE AMERICAN GOVERNMENT 

The more important committees of the House consist of 
from fifteen to twenty-one members. The principal stand- 
ing committees— committees which are provided for by the 
rules, and which continue in existence through the entire 
session— are those on ways and means (p. 274), appropri- 
ations, the judiciary, foreign relations, currency, com- 
merce, pensions, military affairs, elections, manufactures, 
agriculture, and rivers and harbors. The committees are 
elected by the House but before the vote is taken the mem- 
bership of each committee is determined by party action. 

The work of the House is effected through these com- 
mittees. When a bill is introduced upon the floor of Con- 
gress it is promptly referred to the appropriate commit- 
tee. Friends of the bill may appear before the committee 
and speak in its behalf. The committee may amend the 
bill, or reject it outright, or pay no attention to it what- 
ever. If a bill is rejected in committee, it has little 
chance of becoming a Ielw. If it is reported favorably to 
the House, it has a chance at least of receiving serious 
consideration. A committee, besides reporting upon mea- 
sures that have been referred to it, may report bills orig- 
inating with itself. In practice, before a bill can become 
a law it must first receive the favorable judgment of a 
committee. For this reason much of the most important 
work of Congress is done in the committee rooms. 

(3) The Rules. When a bill is reported favorably by a 
committee it is usually placed upon the calendar along with 
hundreds, perhaps thousands, of other bills. The calendar 
is a kind of catalogue or register of bills, and has been 
called 'Hhe cemetery of legislative hopes," because so 
many bills are never heard of again after they reach it. 
When a bill has found its way to the calendar its fate 
henceforth rests with the rules of the House. The rules 
of procedure are determined by the House itself (28), and 
are framed with the view of conducting business in a fair 
and orderly manner. The general rule in reference to a 
bill on the calendar is that it must wait its turn for con- 



CONGRESS AT WORK 127 

sideration, a rule which if strongly enforced might post- 
pone action indefinitely. 

Foremost among the agencies for controlling procedure in 
the House is the committee on rules, which consists of eleven 
members, six of whom belong to the political party which is 
in a majority and five of whom belong to the minority party. 
The committee on rules has the high privilege of bringing in 
at any time *'a special rule'^ or order, by which a certain 
time may be appointed for the consideration of a bill. It can 
thus at any time without discussion or delay order any bill 
to be taken from the calendar for immediate consideration. 
This committee on rules can also determine the conditions of 
debate, how long members may speak, whether amendments 
to the bill may be offered or not, when a vote shall be taken. 
The course of legislation in the House is thus practically 
determined by the committee on rules. The first of commit- 
tees, therefore, is the committee on rules and the first of rules 
is the special rule. The committee on rules, like all the other 
committees, is elected by the House. Its membership, how- 
ever, is first determined by party action. 



The Senate at Work. When a Congress expires two thirds 
of the members of the Senate retain their seats in the next 
Congress (16). The Senate is thus in part a continuous 
body; ''always changing it is forever the same." It is not 
reorganized at the opening of every Congress. The Con- 
stitution provides for it a permanent presiding officer (20) ; 
the temporary President (21) and other officers hold their 
positions for indefinite periods. Senators on an average 
are much older ^ than members of the House, and they ex- 
ert a greater personal influence by reason of their right 
to be consulted in reference to the appointment of impor- 
tant executive officers (96). 

The continuity of its existence, the stability of its or- 
ganization, the maturity and experience of its members, 
^ The average age of senators is sixty. 



128 THE AMERICAN GOVERNMENT 

and its great power are all reflected in the Senate's pro- 
ceedings. The Senate goes about legislation in a repose- 
ful, dignified way. It does not have to hurry, for it al- 
ways has at least four years in which to accomplish its 
purposes. Senators take hold of legislation with a mas- 
terful hand, for they bring to the work the lessons of a 
long public career. The Senate sometimes wields power in 
a manner that appears to be arbitrary, and it is some- 
times accused of ignoring the rights of the House. It will 
ignore the rights of the House, of course, if the House 
does not defend itself, just as the House will ignore the 
rights of the Senate if it is permitted to do so. We must 
expect encroachments, and if a contest between the House 
and the Senate should arise the people should not be 
surprised, but should cheerfully settle the matter by sup- 
porting at the polls the branch which happens to be acting 
in accordance with the American spirit. 

The course of legislation in the Senate is smoother than 
it is in the House. The committees are not appointed by 
the presiding officer, but are elected by the vote of the 
Senate. On the floor of the Senate there is the utmost 
freedom of debate. Any senator may talk as long as he 
pleases on any subject that comes up for discussion. The 
Senate could adopt rules (28) that would curtail debate 
and hasten measures to a conclusion, as is done in the 
House, but it has not cared to do so. It proceeds upon 
the principle that the more fully a subject is discussed 
in a serious way the better, and it assumes that no senator 
will abuse the privilege of unlimited debate and talk 
merely to kill time. Senators, however, occasionally do 
talk to kill time. In 1890 a senator, in order to keep a 
measure from coming to a vote, spoke for fourteen hours 
without interruption. In 1903 a senator, wishing to force 
the Senate to yield on a certain point, placed Lord Byron's 
complete works upon his desk and threatened to read 
every word of them if the Senate did not do what he 
wanted it to do. The Senate yielded because the demand 



CONGRISS AT WOEK 129 

was made in the closing hours of a (Congress and important 

business was ahead. 

The Powers of Congress. The strictly legislative powers 
of Congress have been referred to in a general way 
heretofore. They are enumerated in Article I, Section 
8 of the Constitution. These powers will receive par- 
ticular attention at appropriate points in subsequent 
chapters. At present it is sufficient to notice that the 
powers granted by the framers to the new federal Con- 
gress are quite like the powers granted to the Congress 
of the old Confederation (p. 42), the most important 
additions being (1) the taxing power, which gave the new 
government its dignity and strength, and (2) the power 
to regulate commerce^ the subject, it will be remembered, 
which led up to the calling of the Convention of 1787. As 
far as the legislative powers are concerned the House and 
Senate are coordinate branches: a bill passed by one house 
is not a law until it is passed by the other also, and either 
house can originate and pass such bills as it chooses, ex- 
cepting that bills for raising revenue must originate in the 
House of Representatives (36). 

Two matters not of a strictly legislative nature must 
receive attention here : 

I. Impeachment. When high public officials are charged 
with gross misconduct in office, as when the President 
is charged with not enforcing a law, or a federal judge 
is accused of habitual drunkenness, they may be reached 
by the process of impeachment. Impeachment begins in 
the House of Representatives, where the charges against 
the unfaithful officer must be laid (14). If in the judg- 
ment of the House the accused person is guilty, the im- 
peachment, or accusation, is carried to the Senate to be 
tried (22). The Senate, while trying the impeachment, 
sits as a court of justice. Witnesses are summoned and 
examined and evidence pro and con is presented. If by 
a two-thirds vote the Senate sustains the impeachment the 

9 



130 THE AMERICAN GOVERNMENT 

accused person is deprived of his office (23). He may 
afterwards be tried and punished in a court of law for his 
offense, but such a trial is not a part of the process of im- 
peachment. The main object of impeachment is to protect 
the government from the acts of faithless officers, not to 
punish crime. Its purpose, therefore, is fulfilled when the 
offending officer is removed. Impeachment is plainly a 
judicial rather than a legislative function. 

II. Confirmation of Treaties and of Presidential Ap- 
pointments. A treaty (p. 260) is a law of the land (126). 
It is only right, therefore, that the legislature should par- 
ticipate in the treaty-making power. The Constitution 
recognizes this principle to the extent that treaties shall 
be confirmed by a two-thirds vote of the Senate (95). The 
Constitution also provides that certain presidential appoint- 
ments must be confirmed by the Senate (96). In the ex- 
ercise of this power the Senate has established a custom 
of confirming only those appointments which are agree- 
able to the senator from the State in which the appoint- 
ment is made. The senator to be consulted belongs to the 
President's party. If the State in which the appointment 
is made has no senator of the President's party, the party 
leaders of the State must be consulted. This deference 
to the wishes of individual senators in the matter of con- 
firming appointments is called senatorial courtesy. The 
application of the rule of senatorial courtesy almost dou- 
bles the power of the Senate, for it has the effect of tak- 
ing federal patronage from the President and bestowing 
it upon senators. When confirming appointments and 
treaties the Senate regards itself as acting in an executive 
capacity. It holds its executive sessions behind closed 
doors. All purely legislative sessions, both of the House 
and of the Senate, are open to the public. 

QUESTIONS ON THE TEXT 

1. How is Congress assembled? How is it adjourned? Why were 
tliGse methods of assembling and adjourning adopted? 



CONGRESS AT WORK 131 

2. On what principle are Congresses numbered? When does the 
legal existence of a Congress begin? When does it terminate? 

3. Give an account of the two regular sessions of Congress. 

4. What are the duties of the Speaker of the House? 

5. Give an account of the committee system. 

6. How is it possible for the committee on rules to control the 
course of legislation in the House? 

7. Describe the Senate in its leading characteristic. On what prin- 
ciple is debate in the Senate conducted? 

8. Discuss in a broad way the powers of Congress. 

9. Describe the process of Impeachment. 

10. What is the power of the Senate in reference to treaties and 
presidential appointments. What is meant by '^ senatorial courtesy"? 

SUGGESTIVE QUESTIONS AND EXERCISES 

1. Answer the following questions by referring to the Constitution: 
How is a Speaker of the House of Representatives chosen (13) ? When 
does the Vice-President have a vote in the Senate? When a President 
is impeached who presides at the impeachment trial in the Senate (20) ? 
What constitutes a quorum in the House (26) ? How may disorderly 
behavior in Congress be punished (29) ? How may a member of Con- 
gress be expelled (29) ? How may a yea and nay vote be secured (30) ? 
Give the history of a bill after it has passed Congress (37). How may 
the veto of the President be overcome (40) ? Under what circum- 
stances may the President defeat a bill without vetoing it (41) ? To 
what things besides bills is the approval of the President necessary 
(42)? 

2. Give reasons for not allowing the Vice-President to preside at 
an impeachment trial when the President is accused. 

3. Why is it unfortunate that so long a time should elapse between 
the election of Congress and its first regular session? 

4. What are the advantages and disadvantages of *' senatorial cour- 
tesy ' ' ? What is meant by " filibustering ' ' ? 

Topics for Special TForifc.— Congressional Procedure: 7, 71-78. The 
Powers of Congress: 5, 268-281. The Senate, its Workings and In- 
fluenoe: 2, 88-93. The House at Work: 2, 108-114. The Committees 
of Congress: 2, 115-122; also 30, 162-166. Freedom of Debate in the 
Senate : 30, 167-170. A Defense of the Senate : 30, 177-184. 



xvni 

THE PRESIDENCY 

The Election of the President. As we have seen, a fatal 
weakness of the Union under the Articles of Confederation 
was the absence of an executive to enforce the laws. The 
Convention soon decided to remedy this defect by estab- 
lishing a strong executive department and vesting its 
powers in a President (78). How was this officer to be 
selected? This question gave rise to a vast amount of dis- 
cussion. Some wanted him elected by Congress, but it was 
said that this would make the executive dependent upon 
the legislature, and it was highly important that these 
two branches should be independent of each other. It 
was suggested that he be elected by the Senate, but this 
method was opposed as being too aristocratic. An elec- 
tion by a popular vote of the whole country was recom- 
mended; this plan was opposed as being too democratic. 
To end the discussion a plan of indirect election was 
adopted : the President was to be chosen by State colleges 
of electors, the electoral college of each State to have a 
number of electors equal to the combined number of sena- 
tors and representatives to which the State was entitled in 
Congress (81). Each State was permitted to select its 
electors in a way agreeable to the legislature (80). Each 
of the electors was to vote for two persons (82) and the 
person who received the greatest number of votes (provid- 
ing it was a majority) was to be the President, and the 
one who stood second in the list was to be Yiee-President 
(83). If more than one person received a majority of the 

132 



THE PRESIDENCY 133 

electoral votes the election of the President was to be made 
by the House (84). 

The electoral plan as first adopted proved to be as 
clumsy in practice as it was excellent in theory. It worked 
well enough at the first and second presidential elections 
when Washington was the choice of every elector, but 
when in the third election it resulted in choosing a Federal- 
ist (John Adams) as President and a Democrat (Thomas 
Jefferson) as Vice-President, its efficiency as a means of 
expressing the popular will began to be questioned. In 
the fourth presidential election the electoral system as 
devised by the framers broke down almost completely and 
the Constitution had to be speedily amended (146). By 
Amendment XII, which was adopted in 1804, the work of 
the electoral college is simplified by making the election 
of Vice-President an affair distinct from the election of 
the President (147). 

The State legislature may appoint the electors itself, 
it may vest their appointment in some other body, or it 
may call upon the people to elect them. In the early days 
of the Union the States differed in their methods of select- 
ing electors. In some States they were elected by the 
legislature, in some they were elected by districts as repre- 
sentatives in Congress are at the present time, while in a 
few States they were elected on a common ticket. To-day 
every State elects its presidential electors in the same way 
—on a common ticket by a popular vote. Such uniformity 
is at first sight almost amazing. Why have all the States 
agreed to do this thing in the same way? Democracy and 
party organization must answer. We still adhere to the 
forms of the electoral system as provided in the twelfth 
amendment, but the spirit of that system has long since 
departed. The people long ago took the election of the 
President into their own hands. They have done this 
through the agency of political parties, and the require- 
ments of party organization have produced uniformity in 
the methods of electing the presidential electors. How 



134 THE AMERICAN GOVERNMENT 

eighty millions of people actually accomplish this stupen- 
dous and inspiring task of selecting one of themselves as 
their ruler may best be told when we come to speak of 
party organization (p. 227), 

The Powers and Duties of the President. The members 
of the Convention were distrustful of executive power and 
were disposed to clothe the new President with only so 
much authority as was absolutely necessary. Neverthe- 
less, they probably gave him fully as much power as an 
executive ought to have. They made him commander-in- 
chief of the military forces (92) ; they gave him the power 
of pardoning offenses against the government of the 
United States (94) ; they conferred upon him jointly with 
the Senate the treaty-making power (95) and the power 
of appointing foreign ministers, consuls, judges of the 
Supreme Court and many other federal officers (96) ; they 
imposed upon him the function of receiving foreign am- 
bassadors and representatives of foreign governments 
(101) ; they gave him authority to lay before Congress 
at the beginning of a session a message setting forth the 
condition of public affairs and recommending measures 
for legislation (100) ; they gave him power to convene 
Congress in extraordinary session and to adjourn Con- 
gress when the two Houses cannot agree as to the mat- 
ter of adjournment (101) ; they gave him the veto 
power (38). 

The highest and the chief duty of the President is ^'to 
take care that the laws be faithfully executed" (102). 
This is a purely executive duty and one that the President 
cannot escape. A law may be distasteful to the President, 
he may regard it as hurtful or unconstitutional, yet as 
long as it is a law he must enforce it. ''As the citizen may 
not elect what laws he will obey neither may the execu- 
tive elect which he will enforce." Should the President 
wantonly refuse to execute a law he would be removable 
by the process of impeachment. 



THE PRESIDENCY 135 

The President's Share in Law-making. While the Presi- 
dent is bound to carry out laws that have been made whether 
he is in sympathy with them or not, he at the same time 
may do much to prevent the enactment of laws obnoxious 
to himself and much to secure the enactment of favorite 
measures. His power of prevention lies in the veto. How 
great this power is may be seen by a simple calculation. A 
bill may pass in the present House of 435 members by a 
vote of 218 to 217, and in the Senate by a vote of 49 to 47. 
Now, if the President should veto the bill it would require 
72 more votes in the House and 19 more in the Senate (40) 
to pass the measure over his veto. The legislative weight of 
the President's veto, therefore, is nearly one sixth as great 
as that of Congress itself. 

In theory the veto is placed in the hands of the Presi- 
dent solely as a weapon for defending the Constitution 
and the executive department against the encroachments 
of the legislature ; it is not placed there for the purpose 
of making the President a law-maker. Early Presidents 
acted upon this theory, but Andrew Jackson set the ex- 
ample of using the veto power to prevent the passage of 
any measure to which he was opposed ; he exercised his in- 
dependent judgment on every bill which Congress sent 
to him and vetoed all bills to which he objected, whether 
his objection rested upon constitutional reasons or upon 
partizan or personal reasons. In other words, Jackson 
assumed to share with Congress responsibility for legisla- 
tion, and his successors in the Presidency have not hesi- 
tated to use the veto as a real legislative engine. Taking 
it all in all, however. Presidents have not abused the 
veto power, and no President is likely to abuse it while 
Congress is faithful to the Constitution and to the in- 
terests of the nation. 

The President's share in law-making does not end with 
the negative power of the veto ; he possesses several legis- 
lative powers of a positive nature. In making the laws 
known as treaties (p. 260) he takes the initiative and is 



136 THE AMERICAN GOVEENMENT 

coordinate with the Senate. By convening Congress in 
extra session he can present to that body snbjects for its 
exclusive consideration. In annual and special messages 
he can give his views in respect to needed legislation, and 
through his influence as a party leader and as a distribu- 
tor of patronage he can often cause Congress to follow the 
suggestions contained in his messages. 

Besides his constitutional means of reaching Congress 
the President has another convenient method of approach- 
ing that body. He may, through the secretaries of execu- 
tive departments, communicate with the committees of 
Congress and cause them to consider measures in which 
he is interested. A secretary of the President may not 
appear on the floor of either House as the advocate of a 
measure, but he may appear in a committee-room and act 
as the mouthpiece of the President. "When committees in 
good faith invite an executive officer to appear before 
them and inform them in reference to certain matters of 
administration there is no harm done, but if the execu- 
tive department should impose itself upon the committees 
there would be encroachment. 

Succession to the Presidency. A vacancy in the office of 
President may occur by the death, impeachment or resig- 
nation of the incumbent, or by his inability to discharge 
the duties of his office. The Constitution provides a Yice- 
President (88) to succeed in the case of a vacancy. If 
for any reason neither President nor Vice-President can 
serve, an officer designated by Congress (89) succeeds to 
the Presidency. Under the presidential succession act of 
1886 it is provided that members of the President's cabi- 
net shall succeed to the Presidency in the following order : 
(1) The Secretary of State, (2) the Secretary of the 
Treasury, (3) the Secretary of War, (4) the Attorney- 
general, (5) the Post-master-general, (6) the Secretary of 
the Navy, (7) the Secretary of the Interior. The one suc- 
ceeding to the Presidency serves for the remainder of the 



THE PEESIDENCY 137 

four years, but any one thus succeeding must have the 
constitutional qualifications. 

Thus far in our history the only officer who has been 
called upon to fill a vacancy in the Presidency has been 
a Vice-President. Five times such a succession has oc- 
curred, the vacancy each time being caused by death. The 
office of Vice-President is, therefore, one of great potential 
importance. In selecting a Vice-President we ought to be 
almost as careful as we are when we select a President. 
A party convention, when nominating a candidate for the 
Vice-Presidency, should keep in mind the interests of the 
country as well as the interests of a party and refuse to 
name as candidate for Vice-President any man who would 
not be likely to acquit himself well in the presidential chair. 

The President as a Political Personality. The President 
is the most commanding political personage in the United 
States. He is not only the fountain of executive energy, 
he is also the representative of a great people. He reflects 
the ideals and aspirations and attributes of the American 
electorate. If the electorate should become vainglorious 
and selfish and low in its standard of morality, it might 
place in the presidential chair a man like unto itself. To 
the honor of our democracy only pure and honest men have 
been elected to the Presidency, and to the honor of party 
management no low or vile man has ever been named as 
a presidential candidate. Voters ought to demand that 
this high level of personal character in presidential as- 
pirants be maintained. The Presidency under the Con- 
stitution is attainable by any natural born citizen (86), 
but no citizen of smirched reputation or base character 
should feel that it is within the range of possibility for 
him to become President. The saneness and goodness of 
democracy will be assured only so long as it refuses to 
ally itself with evil— evil men or evil polieies. 



138 THE AMERICAN GOVERNMENT 

QUESTIONS ON THE TEXT 

1. What metliods of electing the President were suggested in the 
Convention of 1787? Explain the method which was adopted. 

2. What were the defects of the original method of electing the 
President? 

3. In what ways may presidential electors be chosen? Why has the 
present method been adopted in all the States? 

4. What are the constitutional powers and duties of the President? 
What is his greatest duty? 

5. Give an account of the share the President has in law-making. 

6. In what way, other than constitutional, may the President in- 
fluence Congress? 

7. How is a successor to the Presidency provided? 

8. Why should the personality of the President be above reproach? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Examine the Constitution for answers to the following questions: 
What is the length of the President's term of office (79)? What are 
his qualifications as to residence, citizenship, and age (86)? If neither 
President nor Vice-President can serve, how is the office of President 
filled (89) ? Can a President have his salary increased (90) ? What 
is the President's oath of office (91)? 

2. Many people think that the President should be elected for a 
term of six years, and that he should be ineligible for a second term. 
Discuss this. 

3. What are the qualifications for the office of Vice-President? What 
are the duties of the Vice-President? 

4. Name the qualities which should be found in a President. Name 
the four Presidents who have been the highest embodiment of these 
qualities. 

5. How many Presidents have been elected a second time. Have the 
second administrations of Presidents generally been successful? 

6. Is the pardoning power a judicial or an executive function? Is 
the veto power a legislative or an executive function? 

7. Prepare a five-minute paper on ''Federal Impeachments." 
Woodburn, ''American Republic," 231-241; CaUahan, "Impeach- 
ments, ' ' in Encyclopedia Americana under article ' ' United States. ' ' 

8. What Vice-Presidents have succeeded to the Presidency? Of 
these how many were especially fitted for the higher position? 

Topics for Special Worlc.—The President: 8, 185-226. Presidential 
Powers and Duties: 2, 36-51. Parliamentary vs. Representative Gov* 
ernment : 30, 192-196. Executive Supremacy : 30, 196-202. 



XIX 

THE FEDERAL EXECUTIVE DEPARTMENTS 

The Cabinet. The operations of the executive department 
of the federal government affect the welfare of nearly a 
hundred millions of people and involve the annual expen- 
diture of more than half a billion of dollars. Responsi- 
bility for the smooth and efficient working of the great 
federal machine rests wholly on the President, but in the 
supervision of the executive business there must, of course, 
be division of labor. To assist him in governing, the 
President summons to his aid assistants known as sec- 
retaries. Washington began his administration with three 
secretaries, a Secretary of State, a Secretary of the Trea- 
sury and a Secretary of War. As the business of govern- 
ment increased the work of the administration was further 
divided and new secretaries were brought in. The chief 
assistants of the President now number nine and are as 
follows: 

1. The Secretary of State. 

2. The Secretary of the Treasury. ^■' *" ' -^^ - y^ 

3. The Secretary of War. QjoJtA ti^t.^^ 

4. The Attorney-general. ^. /tUiii IaJ 

5. The Postmaster-general. », ,v-^,//r . 

6. The Secretary of the Navy. /) ^^^^t^t-c^^ '" 

7. The Secretary of the Interior. ^ety%»^ 

8. The Secretary of Agriculture. ^frUAA^ ^^ri ^ 

9. The Secretary of Commerce and Labor. ^Sri/t'*^''^^ 
Each of these secretaries is appointed by the President 

and is responsible to him for the management of one of the 
great departments of executive business. At stated times 

139 



140 THE AMERICAN GOVERNMENT 

the secretaries meet the President for consultation. This 
executive council is known as the cabinet. The cabinet 
as a body has no legal functions and is unknown to the 
Constitution, although its existence is foreshadowed in the 
words, 'Hhe President may require the opinion in writing 
of the principal officers in each of the executive depart- 
ments upon any subject relating to the duties of their 
respective offices" (93). Washington, following the let- 
ter of the Constitution, communicated with his secretaries 
individually and required the opinion of each in writing, 
but his successors soon established the custom of calling 
the secretaries together around a council board when im- 
portant matters of administration are to be settled. It is 
said of Jefferson: ''When a question occurred of sufficient 
magnitude to require the opinion of all the heads of de- 
partments he called them together, had the subject dis- 
cussed and a vote taken in which he counted himself as 
but one." From out of these early meetings of the Presi- 
dent and his secretaries has grown the cabinet meeting of 
to-day. The cabinet meets at the White House at the call 
of the President. No records of its meetings are kept, and 
the public does not know what takes place at them. The 
President is not bound to act according to the wishes 
of the Cabinet, nor does he always do so. The function of 
the cabinet is to discuss and advise ; it is for the President 
to decide and act. 

The Work of the Departments. It is through his cabinet 
officers as heads of departments (98) that the President 
governs. The names of these departments and a brief 
description of the work done by each will now be given: 

I. The Department of State under the management of 
the Secretary of State attends to foreign affairs. It con- 
ducts the negotiations which lead up to the making of 
treaties (p. 261), instructs our foreign ministers and con- 
suls in their duties, extends official courtesies to the min- 
isters from other countries, gives passports to those in- 



THE FEDERAL EXECUTIVE DEPARTMENTS 141 

tending to travel abroad, protects American citizens in 
other lands, and transacts all other business arising be- 
tween our government and other governments. The Sec- 
retary of State is regarded as first in rank among the 
members of the cabinet. 

IL The Department of the Treasury under the Secretary 
of the Treasury manages the financial business of the coun- 
try. It collects the internal revenue raised from whisky 
and tobacco (p. 276), and the custom duties levied on 
foreign goods (p. 275) ; it attends to the expenditure of 
money appropriated by Congress; it manages the public 
debt; it organizes and inspects national banks; it controls 
the mints and supervises the making of paper money. 
In addition to its purely financial duties this department 
controls the life-saving service maintained for the rescue 
of persons from shipwreck, supervises the construction of 
public buildings, and manages the marine hospitals main- 
tained for disabled soldiers. 

III. The Department of War under the Secretary of 
War has charge of the land forces. It purchases supplies 
for the soldiers, controls the transportation of troops, 
directs the improvements of rivers and harbors, superin- 
tends the signal service and controls the Military Academy 
at West Point (p. 357). 

IV. The Department of Justice under the Attorney- 
general is the law department of the national government. 
When the President or a member of the cabinet desires 
legal advice it is furnished by this department. When 
the government of the United States is interested in a case 
in court, the Attorney-general defends or prosecutes the 
suit. 

V. The Post-0 fflce Department under the Post master- 
general, in addition to collecting, carrying and distribut- 
ing the mail, establishes and discontinues post-offices, pro- 
vides the public with stamps and postal cards, and conducts 
a money postal -order system by which money may be safely 
transmitted to all parts of the world (p. 341). There are 



142 THE AMERICAN GOVERNMENT 

nearly two hundred thousand people employed in this de- 
partment. 

YI. The Deparhnent of the Navy under the Secretary 
of the Navy purchases naval supplies, provides for the 
construction and equipment of vessels, supervises the navy 
yards and docks, and controls the Naval Academy at An- 
napolis.^ 

VII. The Department of the Interior under the Secretary 
of the Interior has charge of national affairs that are of a 
purely domestic nature. It examines pension claims and 
grants pensions, controls Indian affairs, directs the sale 
of public lands, issues patents and copyrights, superin- 
tends such educational interests as are of a national con- 
cern (p. 357), and directs the work of the geological sur- 
vey. 

VIII. The Department of Agriculture under the Secre- 
tary of Agriculture diffuses among the people of the United 
States useful information on subjects connected with agri- 
culture in the most general and comprehensive sense of 
that term, and procures, propagates and distributes among 
the people new and valuable seeds and plants. 

IX. The Department of Commerce and Labor under the 
Secretary of Commerce and Lahor "fosters, promotes and 
develops the foreign and domestic commerce, the mining, 
manufacturing, shipping and fishing industries, the labor 
Int/irests and the transportation facilities of the United 
States." This department (created in 1903) has charge 
of the census, statistics, immigration, steamboat inspection, 
the coast and geodetic survey and lighthouses. 

The Organization of a Department. Each of the nine de- 
partments has the control of a vast amount of executive 
business, and it is necessary to subdivide the work of a 
department and place an officer at the head of each sub- 
division. A subdivision of a department is usually called 

^ For the duties of the Secretary of War and the Secretary of 
the Navy in times of actual war, see p. 262. 



THE FEDERAL EXECUTIVE DEPARTMENTS 143 

a 'bureau, and the head of a bureau is called a director or 
commissioner or superintendent. For example, in the re- 
cently organized department of Commerce and Labor there 
is a Bureau of Corporations, a Bureau of Labor, a Bureau 
of the Census, a Bureau of Statistics, a Bureau of Fisher- 
ies, a Bureau of Navigation, a Bureau of Immigration, a 
Bureau of Standards, and a Children's Bureau. When the 
work of the secretary of a department becomes too heavy for 
one man he is provided with as many assistant secretaries as 
may be needful. For example, in the Department of State 
there are three assistant secretaries. 

Executive Work Outside the Departments. A few items 
of executive business have not been assigned to any one 
of the nine great departments. The work of the Interstate 
Commerce Commission (p. 339) is performed by seven com- 
missioners who act independently of any department. The 
Civil Service Commission, whose duty is to regulate and 
improve the civil service of the United States, consists of 
three commissioners who are responsible directly to the 
President. The Government Printing Ojflce, the Library of 
Congress and the Smithsonian Institution are also outside 
of departmental control. The chief officers in all these 
cases of extra-departmental activity are nominated by the 
President and confirmed by the Senate, just as other prin- 
cipal officers are. 

Ti:o National Civil Service. There are more than three hun- 
dred and seventy-five thousand persons employed in the 
executive civil service of the federal government, and every 
person on the list, from the secretary of a department down, 
receives his position directly or indirectly from the President. 
Congress creates positions, but it cannot name the persons 
who are to fill them. It may vest the appointment of in- 
ferior officers elsewhere than in the President (98), but 
it cannot place the appointing power beyond the Presi- 
dent's reach. Throuerh his secretaries the President's 



144 THE AMEEICAN GOVERNMENT 

power to appoint extends to all the ramifications of the 
civil service. 

And the presidential power to remove is even greater 
than is his power to appoint. Most of his appointments 
to the higher offices must be agreed to by the Senate (96), 
but in the matter of removal the Senate need not be con- 
sulted. The President may remove any person employed 
in the federal executive service at any time for any reason 
or for no reason. 

Of course the President cannot give special attention to 
every case of appointment and removal. In these matters, 
as in everything else, he must be guided by the heads of 
the departments. He must also consult with the senators 
and representatives of the several States, and he must take 
care to allot to each State a number of appointments pro- 
portioned to its population. 

Questions connected with the appointment of the great 
army of government employees and with the tenure of 
their employment have received much attention in recent 
years. It is generally agreed that the incoming President 
should fill the higher offices with men of his own party, 
for these help to shape public policy and should, there- 
fore, be members of the political party that is in power. 
But should inferior officers, clerks and employees per- 
forming routine duty also be removed when the admin- 
istration changes? or should they be allowed to continue 
in their places so long as they do their work well and 
conduct themselves properly? For a long time in our 
history these positions were regarded as the spoils of po- 
litical warfare, and when a party came newly into power, 
practically all the employees under the old administration 
were dismissed and adherents of the victorious party were 
put into their places. During the last twenty-five years, 
however, there has been developing a new policy in respect 
to civil service. In 1883 Congress provided for the com- 
petitive examination of a large class of employees in the 
civil service, and for appointment according to merit 



THE FEDERAL EXECUTIVE DEPARTMENTS 145 

rather than according to party affiliation. It also provided 
that removals shall not be made for political reasons. The 
rule of appointment according to ascertained merit has 
been extended until it now reaches almost every depart- 
ment of the national civil service and embraces about two 
thirds of all the employees. Appointees under the competi- 
tive system hold their positions during good behavior and 
efficient service. No employee, however, is placed beyond 
the President's power to remove. 

Note.— The salaries of the principal ofQ.cers of the federal govern- 
ment are as follows: 

President » . . » . . $75,000 

. Vice-President 11^,000 

Members of the cabinet , o ...... o.. . 12,000 

Chief Justice of the Supreme Court 15,000 

Associate Justices of Supreme Court , . „ 14,500 

Judges of Circuit Courts 7,000 

Judges of District Courts . , 6,000 

Eepresentatives . 7,500 

Senators 7,500 

Foreign ministers and ambassadors 10,000 to 17,500 

Heads of bureaus and divisions . 3,000 to 6,000 



QUESTIONS ON THE TEXT 

1. Name the officers who form the President's cabinet. What is the 
function of the cabinet. 

2. Give a brief account of the work of each of the nine great federal 
executive departments. 

3. In what manner is an executive department organized? 

4. Mention several examples of executive business which does not 
come under departmental control. 

5. To what extent does the President possess the power of appoint- 
ment? the power of removal? 

6. What is the policy of the government in reference to the appoint- 
ment and the retention of employees? 

SUGGESTIVE QUESTIONS AND EXERCISES 

1. It is often proposed that the members of the cabinet be allowed 
to appear in Congress and urge upon that body the passage of monsuros 
10 



146 THE AMERICAN GOVERNMENT 

wMcli are desired by the executive. What characteristic principle of 
our government vt^ould such a course violate? 

2. What is meant by the words: '*To the victor belong the spoils"? 

3. To which of the executive departments would you take a claim for 
pensions? a request for a passport in foreign countries? an application 
for a patent? an application for admission to the academy at West 
Point? a request for a sample of a new kind of seed? an application 
for a position in the life-saving service? a complaint of ill treatment in 
a foreign land? a request for a copyright on a book? an application 
for service as an architect? 

4. What is a bureaucracy? 

5. Prepare a five-minute paper on ''The organization and work of 
the Department of the Treasury. ' ' Consult the ' ' congressional direc- 
tory, ' ' a copy of which may be obtained from your representative in 
Congress. 

6. How could you secure a position as a stenographer in the federal 
service? Consult report of the Civil Service Commission, a document 
which may be obtained by writing for it to Washington. 

Topics for Special WorTc.—The Cabinet: 8, 227-245; 2, 64-70. For 
an account of th'? workings of the several executive departments of the 
National Government: 16. The Cabinet: 30, 211-218. Civil Service 
Reform: 30, 232-237. 



XX 

THE FEDERAL JUDICIARY 

The Independence of the Federal Judiciary. Under the 
Articles of the Confederation disputes between States as 
to boundaries and cases involving charges of piracy or 
felony committed on the high sea could be tried by Con- 
gress, but since there was no executive to enforce the de- 
cisions the judicial power of the old government was a 
mere shadow. The framers of the Constitution completed 
the machinery of the new government by establishing a 
judicial department independent of the other departments 
and equal to them in rank and dignity. They regarded the 
independence of this third department as of the highest 
importance. The new federal judges were to administer jus- 
tice not only between man and man, but between State and 
State. Even conflicts of section with section might reach 
a settlement in the decisions of the federal judiciary. It 
was necessary, therefore, that a federal judge in render- 
ing a decision should fear neither the President nor Con- 
gress, that he should incline neither to this political party 
nor to that, that he should avoid an3^thing like partiality 
towards a particular section or locality, that he should be, 
as far as possible, uninfluenced by personal considerations 
of any kind. The Constitution does all that can be done 
to secure an independent judiciary. It is true the Presi- 
dent appoints the federal judges (96), but once appointed 
they cannot be removed except for cause (106), and then 
only by the solemn process of impeachment. IMoreover, the 
salary of a federal judge is secure; it may be increased, 
but it can never be decreased (106). Indeed, the oondi- 

147 



148 THE AMERICAN GOVERNMENT 

tions which surround the federal judiciary render it as 
independent as it is possible to make it. 

The Organization of the Federal Courts. In the adminis- 
tration of justice there is always a gradation of courts, 
lower courts for the least important cases, higher courts 
for the weightier cases and a highest or supreme court. 
The men of the Convention doubtless had the existing 
graded system of State courts in mind when they planned 
for the federal judiciary, but in the Constitution they 
indicated the organization of the federal courts only in 
the broadest manner. They provided for the Supreme 
Court (105) and left the establishment and the gradation 
of the lower courts to the action of Congress. A Supreme 
Court there must be, just as there must be a President, 
but the existence of the lower courts depends upon legis- 
lation. 

One of the first things done by the first Congress was 
to pass (1789) the Judiciary Act by which the Supreme 
Court and the lower federal courts were organized. This 
famous law provided that the Supreme Court should consist 
of a chief justice and five associate justices. The office of 
Chief Justice is established by the Constitution (22), but 
the further organization of the Supreme Court rests with 
Congress. The law of 1789 also created thirteen judicial 
districts— the boundaries of a district coinciding as a rule 
with those of a State— in each of which a district judge 
was to hold a District Court. It then grouped these dis- 
tricts into larger divisions called circuits— a circuit em- 
bracing several States. In each judicial circuit a district 
judge and an associate justice of the Supreme Court were 
to hold a Circuit Court. The Circuit Court was to be (as 
its name implies) a wandering court, and was to go from 
district to district to hold its sessions. The Act of 1789 
further created the office of Attorney-general (p. 141) and 
provided a marshal (sheriff) for each judicial district. 

Although under the Judiciary Act of 1789 there were 



THE FEDERAL JUDICIARY 149 

three grades of courts,— the District, the Circuit and the 
Supreme Court,— there were only two grades of judges, 
district judges and justices of the Supreme Court. In 
1801 Congress provided for sixteen circuit judges for the 
circuit courts, but through the influence of Jefferson, who 
was jealous of the power of the federal judiciary, the office 
of circuit judge was abolished in the following year. Jeffer- 
son could not remove the circuit judges, and their salaries 
could not be taken from them, but the act creating the office 
could be repealed and was repealed. 

With the growth of the population and the admission 
of new States the work of the courts became very heavy, 
and in 1869 Congress found it necessary to revive the office 
of circuit judge. It provided for nine circuit judges, one 
for each of the nine circuits then existing, and at the 
same time made the Supreme Court to consist of a chief 
justice and eight associate justices. Each member of the 
Supreme Court was assigned to one of the nine circuits as 
its circuit justice. A session of the Circuit Court could now 
be held by the circuit justice or by a circuit judge or by 
two of the district judges within the circuit. In practice 
it was rare that a member of the Supreme Court sat as a 
circuit justice. 

In 1891 Congress provided for the appointment of an ad- 
ditional circuit judge in each circuit, and additions were 
afterward made in particular circuits. Every circuit now 
had at least two circuit judges and several circuits had 
four judges each. The act of 1891, providing for the addi- 
tional judges, also created a Circuit Court of Appeals de- 
signed to relieve the Supreme Court of a part of its work. 
This court consisted of three judges selected from the cir- 
cuit judges and district judges within the circuit, although 
one of the three could be the justice of the Supreme Court 
who was assigned to the circuit. In 1911 Congress abolished 
the circuit courts, but retained the office of circuit judge 
and provided that circuit judges should sit as members of the 
Circuit Court of Appeals. 



150 THE AMERICAN GOVERNMENT 

The federal judiciary, therefore, as organized under the 
act of 1911, consists of three grades of courts : 

I. Ninety District Courts, each with a district judge. 
The boundaries of a federal judicial district frequently coin- 
cide with those of a State, although the larger States are 
divided into several districts. 

II. Nine Circuit Courts of Appeal, composed of regular 
circuit judges and of judges of the other courts, three judges 
being necessary to try a case. 



The First Circuit consists of Maine, Massachusetts, New Hampshire, 
Ehode Island. Second— Connecticut, New York, Vermont. Third- 
Delaware, New Jersey, Pennsylvania. Fourth — Maryland, North Caro- 
lina, South Carolina, Virginia, West Virginia. Fifth— Alabama, Flor- 
ida, Georgia, Louisiana, Mississippi, Texas. Sixth— Kentucky, Michi- 
gan, Ohio, Tennessee. Seventh— Illinois, Indiana, Wisconsin. Eighth 
—Arkansas, Colorado, Oklahoma, Iowa, Kansas, Minnesota, Missouri, 
Nebraska, New Mexico, North Dakota, South Dakota, Utah, Wyoming. 
Ninth— Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, 
Washington, Hawaii. 



III. The Supreme Court, consisting of the Chief Justice 
and eight associate justices. This court holds its regular 
sessions in the Capitol at Washington, sitting from October 
to July. The presence of at least six judges is required in 
the trial of a case, and the judgment of a majority is 
necessary in rendering a decision. The Chief Justice pre- 
sides at the sessions of the court, but when the court is 
forming its decision he is on an equality with the other 
judges. He has but one vote, and that is often cast with 
the minority. In authority and dignity the Supreme Court 
of the United States transcends all other judicial tribunals. 

Federal Courts Outside the Federal System. Exercising 
federal authority, but not a part of the federal judicial 
system described above is the Court of Claims, established 
in 1855 for the purpose of hearing claims founded upon 
contracts made with the government of the United States. 



THE FEDERAL JUDICIARY 151 

The judgments of this court being against a sovereign 
state cannot be enforced against the government as judg- 
ments are enforced against private persons. They are sat- 
isfied out of money appropriated by Congress for the 
purpose. The Court of Claims holds its sessions in Wash- 
ington. 

Other courts outside of the regular federal system are 
the territorial courts (p. 186), and the courts which have 
been established by the District of Columbia. These are 
not the federal courts contemplated in the Constitution ; 
they are ordinary law courts established by Congress in 
pursuance of its power to govern the Territories (119) and 
the District of Columbia (61). Their functions correspond 
to that of the law courts of a State (p. 178). 

Officers of the Federal Courts. Every district must be 
supplied with a district attorney, a marshal and a clerk. 
The district attorney prosecutes and defends in the federal 
courts suits to which the United States is a party. The 
marshal is the federal sheriff (p. 198). He executes the 
judgments and orders of the court. The marshal is the 
connecting link between the judiciary and the executive. 
He acts under the order of the court, but in the name of 
the President. In the enforcement of a decision of the 
court he may call to his aid a posse of citizens and even 
the federal army. If the President should refuse to fur- 
nish the force necessary to execute a decree of the court, 
he would thereby paralyze the arm of the judiciary. The 
clerk (appointed by the court) keeps a record of the pro- 
ceedings of the court. The officers of a district court 
serve also as officers of a circuit court. District attorneys 
and marshals are appointed by the President. 

The Kinds of Cases Tried in the Federal Courts. The 

Constitution plainly enumerates the kinds of cases that 
may be tried in the federal courts (Article III, Section 2). 
The reason for trying these cases by federal authority in- 



152 THE AMERICAN GOVERNMENT 

stead of trying ttiem in State courts have been stated in 
a decision rendered by John Jay, the first Chief Justice 
of the Supreme Court : 

(1) ''The judicial power extends to all cases affecting 
ambassadors, other public ministers, and consuls (107), 
because, as these officers are of foreign nations, whom this 
nation is bound to protect and treat according to the laws 
of nations, cases affecting them ought to be cognizable only 
by national authority: 

(2) *'To all cases of admiralty and maritime jurisdic- 
tion (108), because, as the seas are joint property of na- 
tions, whose rights and privileges relative thereto are regu- 
lated by the laws of nations and treaties, such cases neces- 
sarily belong to national jurisdiction: 

(3) "To controversies to which the United States shall 
be a party (108) ; because, in cases in which the whole 
people are interested, it would not be equal or wise to let 
any one State decide and measure out the justice due to 
others : 

(4) "To controversies between two or more States 
(109) ; because domestic tranquillity requires that the con- 
tentions of States should be peacefully terminated by a 
common judicatory, and because, in a free country, justice 
ought not to depend on the will of either of the litigants : 

(5) "To controversies between a State and citizens of 
another State (109) ; because, in case a State — that is, all 
the citizens of it— has demands against some citizens of 
another State, it is better that she should prosecute their 
demands in a national court than in a court of the State 
to which those citizens belong, the danger of irritation 
and crimination arising from apprehensions and suspicions 
of partiality being thereby obviated : 

(6) "To controversies between citizens of the same State 
claiming (109) lands under grants of different States; be- 
cause, as the rights of the two States to grant the land 
are drawn into question, neither of the two States ought to 
decide the controversy: 



THE FEDERAL JUDICIAEY 153 

(7) ''To controversies between a State, or the citizens 
thereof, and foreign States, citizens, or subjects (109) ; be- 
cause, as every nation is responsible for the conduct of its 
citizens toward other nations, all questions touching the 
justice due to foreign nations or people ought to be ascer- 
tained by and depend on national authority." 

The fifth class of cases enumerated above requires a 
word of explanation. In 1793 one Chisholm of South 
Carolina sued the State of Georgia in the federal courts 
for the recovery of a claim and won his case. Here a 
State was dragged into a federal court by an individual 
from another State. This was resented by the States and 
the eleventh amendment was speedily adopted (1798), and 
since its adoption a State cannot be sued against its will 
in a federal court by a citizen of another State (145). 

QUESTIONS ON THE TEXT 

1. Why is the independence of the federal judiciary important? How 
is this independence secured? 

2. Explain the provisions of the Judiciary Act of 1789. 

3. What change was made in the organization of the federal judiciary 
in 1869? in 1891? 

4. Name the four grades of federal courts and teU what judges sit 
in each of these courts. 

5. Give an account of the federal courts which are outside the regular 
federal system. 

6. Name the officers of the federal courts and state the duties of 
each. 

7. Enumerate the kinds of cases that may be tried in the federal 
courts and give reasons for trying these cases by federal instead of by 
State authority. 

8. What is the effect of the eleventh amendment? 



SUGGESTIVE QUESTIONS AND EXEECISES 

1. Name three famous men who have been Chief Justices of the 
Supreme Court, giving a brief sketch of the life of each. 

2. What is the number of the federal circuit which holds sessions in 
your State? What are the boundaries of this circuit? Name the cir- 
cuit judges of the circuit. 



154 THE AMERICAN GOVERNMENT 

3o What are the salaries of the judges of the several federal courts'? 
Do these salaries seem to be sufficient? 

4. Thomas Jefferson proposed that the terms of the judges of the 
Supreme Court be limited to four or six years. Discuss the proposition. 

5. How many of the present judges of the Supreme Court are Demo- 
crats? How many are Eepublicans ? Should a President in appointing 
a judge consider the party afSliations of the appointee? 

6. Name the Chief Justice of the federal Supreme Court and the eight 
associate justices. 

7. The Court of Commerce. In 1910 Congress established a Court of 
Commerce, consisting of five judges who are circuit judges in rank and 
who are appointed by the President. This court tries certain classes of 
cases which arise under the findings and orders of the Interstate Com- 
merce Commission. Its regular sessions are held in Washington, D. C, 
although it may try cases in other places. 

Topics for Special WorJc.— The Federal Courts: 2, 167-177. The 
Courts and the Constitution: 2, 178-187. The Organization of the 
Courts of the United States: 10, 137-152. The Tenure of Office in the 
Federal Courts: 30, 250-255. The Character of the Good Judge: 30, 

247-250. 



XXI 

THE FEDERAL JUDICIARY AT WORK 

Explanation of Terms. In the last chapter we learned how 
the federal courts are organized and what kind of cases 
come before them to be settled. In this chapter we shall 
learn how the federal cases are distributed to the several 
grades of courts, but before we proceed several terms 
need to be explained. 

Cases or actions that come before courts are either 
criminal or civil. A criminal case is one in which a person 
is tried for crime. In a federal court a person accused of 
crime is guaranteed a trial by jury (139) in the State 
within which the crime was committed. A civil case, 
broadly speaking, is a controversy between private in- 
dividuals concerning the rights of property. When a civil 
case is tried before a judge and jury (141) it is a case 
at law; when a civil case is tried before a judge only, it is 
a case at equity. The jurisdiction of a court is its power 
or authority to hear and determine controversies. When a 
court may deal with an action from its commencement it 
has original jurisdiction; when it reviews a case that has 
been tried in a lower court it has appellate jurisdiction; 
when a case may be tried either in one court or another 
the two courts are said to have concurrent jui'isdiction ; 
when a case is carried from a lower court to a higher one 
to be heard, an appeal is said to be taken. 

The Jurisdiction of the Three Grades of Federal Courts. 

The jurisdiction of the several classes of federal courts has 
been determined from time to time by acts of Congress 

155 



156 THE AMERICAN GOVERNMENT 

(110). Congress cannot increase or diminish the federal 
judicial power, but with the exception of certain specified 
cases where jurisdiction is provided in the Constitution 
(110) it can assign to each of the several courts its 
own peculiar jurisdiction. Under the act of 1911 the 
jurisdiction of the three grades of courts was distributed as 
follows : 

I. The Jurisdiction of the District Courts. The District 
Court has original jurisdiction in nearly all those classes of 
cases both civil and criminal which arise under the laws of 
the United States. In this court are tried admiralty and 
maritime cases, counterfeit cases, copyright and patent cases, 
cases arising under the postal laws, under the revenue laws, 
under the pure-food law, under the public-land laws, under 
the laws regulating immigration and naturalization, under 
the interstate commerce laws. Cases involving controversies 
between citizens of different States may also be tried in the 
District Court when the defendant in such a case so desires. 
In fact almost every kind of case cognizable by the authority 
of the United States is tried in the first instance in the Dis- 
trict Court. A case appealed from a District Court is car- 
ried either to the Circuit Court of Appeals or to the Supreme 
Court. 

II. The Jurisdiction of the Circuit Court of Appeals. This 
court, as would be inferred from its name, has appellate juris- 
diction only. As we have seen, it was established for the pur- 
pose of trying certain classes of cases which had hitherto been 
tried by the Supreme Court. With this purpose in view 
Congress has provided that all appeals from the District 
Court shall be taken directly to the Circuit Court of Appeals, 
except in the five following instances : ( 1 ) "When the case in- 
volves a question of jurisdiction ; (2) when it involves the con- 
struction of the Constitution of the United States; (3) when 
it involves a question of the constitutionality of a law; (4) 
when it involves the construction of a treaty; (5) when it in- 
volves conviction for higher crimes. These excepted classes 
of appeals must be taken direct from the District Court 



THE FEDERAL JUDICIARY AT WORK 157 

to the Supreme Court. In all other cases than these the 
appeal lies to the Circuit Court of Appeals. The decisions 
of this court are made final in certain enumerated classes 
of cases, including copyright, patent and admiralty cases, 
thus relieving the Supreme Court entirely of those cases. 
The cases not enumerated as final are still appealable to the 
Supreme Court. 

III. The Jurisdiction of the Supreme Court. This great 
tribunal has original jurisdiction in all cases affecting am- 
bassadors, ministers and consuls, and in those cases in 
which a State is one of the parties to the controversy (110). 
Its appellate jurisdiction includes certain cases which are 
brought up to it from the Circuit Court of Appeals, and 
all those cases v/hich must be brought to it direct from 
the District and Circuit Courts. As there is no higher tri- 
bunal a decision of the Supreme Court of the United States 
is accepted as being the law of the land. 

The Supreme Court and the Constitution. The Supreme 
Court has been called 'Hhe guardian of the Constitution.'^ 
Of course the real guardian of the Constitution is the elec- 
torate, yet the Supreme Court may do much and has done 
much to preserve our fundamental law in its integrity. 
The place of the Supreme Court as a defender of the Con- 
stitution is seen in its power to declare as void and with- 
out force all acts which are repugnant to the Constitution. 
If a State law or a law of Congress seems to the Supreme 
Court to conflict with the Constitution, that tribunal, when 
a case arising under the law is brought before it, will declare 
the law unconstitutional, and its existence will be blotted 
out. ''"When a statute is adjudged to be unconstitutional 
it is as if it had never been. Rights cannot be brought up 
under it; contracts which depend upon it for tlieir con- 
sideration are void; it constitutes a protection to no one 
who has acted under it, and no one can be punished for 
having refused obedience to it before the decision was 
made." {Cooley.) 



158 THE AMERICAN GOVERNMENT 

When the Supreme Court declares an act of Congress 
unconstitutional we see the judiciary undoing the work 
of the legislature, and at first sight we are inclined to 
accuse the judiciary of assuming more power than belongs 
to it. But when we look at the matter closely we find that 
this is not so. Courts of law, whether low or high, are 
established to settle disputes between litigants. They do 
not seek cases, but wait until cases are brought to them. 
The Missouri Compromise was placed on the statute books 
in 1820, but it was not until 1857 that it was declared un- 
constitutional. When a case is brought into court the 
judge must settle it strictly according to the law. His 
will, his opinion, his prejudices, his preferences, must not 
enter into his decision. Now there are four kinds of laws in 
the United States which every judge, high or low, must 
consider when rendering a decision, viz., (1) laws of the 
State legislature, (2) the State constitution, (3) the laws 
of Congress, and (4) the federal Constitution. The court, 
whether the Supreme Court of the United States or the 
petty town court, has these laws before it when it decides 
a case, and if there is a conflict between two laws the 
lower law must give way. If the conflict is between a law 
of Congress and the Constitution of the United States the 
former must give way because the Constitution is the su- 
preme law of the land (127). So when the Supreme Court 
decides that a law of Congress is unconstitutional it does 
only what a justice of the peace might do : it selects from 
conflicting laws the law of greatest authority and ren- 
ders a decision in accordance with this highest law. There 
is, however, this great difference between a justice of the 
peace declaring a law of Congress unconstitutional and 
a similar decision of the Supreme Court of the United 
States ; there is an appeal from the decision of the justice, 
but there is no appeal from the decision of the Supreme 
Court. 

The reasons for reposing in courts the power to declare 
acts of legislatures null and void are to be sought in the 



THE FEDERAL JUDICIARY AT WORK 159 

principles which underlie a government whose powers are 
enumerated in a written constitution. These reasons are set 
forth with wonderful clearness in a celebrated decision^ 
of the great Marshall: ''The original and supreme will 
(the people) organizes and assigns to different departments 
their' respective powers. The powers of the legislature are 
defined and limited; that these limits may not be mis- 
taken or forgotten the Constitution is written. To what 
purpose are powers limited, and to what purpose is that 
limitation committed to writing, if these limits may at 
any time be passed by those intended to be restrained? 
Certainly all those who have framed written constitutions 
contemplate them as the fundamental paramount law of 
the nation, and consequently the theme of every such gov- 
ernment must be that an act of the legislature repugnant 
to the constitution is void. It is emphatically the prov- 
ince and duty of the judicial department to say what the 
law is. If a law be in opposition to the Constitution the 
court must either decide the case conformably to the law 
disregarding the Constitution or conformably to the Con- 
stitution disregarding the law. The court must determine 
which of the conflicting rules governs the case. This is 
the very essence of the judicial duty. The courts cannot 
close their eyes to the Constitution and see only the law. 
This doctrine would subvert the very foundation of all 
written constitutions. It would be giving to the legis- 
lature a practical and real omnipotence with the same 
breath which professes to restrict their powers within 
narrow limits. It is prescribing limits and declaring that 
these limits may be passed at pleasure. ' ' 

This reasoning alarmed those who were opposed to a 
strong central government, for they saw in the doctrine 
of the chief justice an attack not only upon the rights of 
Congress but upon the rights of the States as well. If the 
Supreme Court could set aside an act of the federal legis- 
lature with greater ease could it set aside an act of a State 
* Marbury vs. Madison. 



160 THE AMERICAN GOVERNMENT 

legislature or a clause of a State constitution, and if it could 
do this what would be<3ome of the rights of the State? 
Marshall was attacked bitterly by the opposition, but he 
stood by his guns and in decision after decision he con- 
tinued for more than thirty years to assert the supremacy 
of the federal Constitution and to declare void any law 
that was repugnant to it. In this he was supported by 
public opinion, and his doctrine became embedded in the 
thoughts of the people as a cardinal tenet of American 
political faith. In the one hundred and fifteen years of its 
existence the Supreme Court has pronounced twenty-one 
acts of Congress and more than two hundred State laws to 
be in conflict with the Constitution. 

The Supreme Court and the People. When the Supreme 
Court renders a decision in a case the litigants must obey 
and the whole body of the American people must com- 
pletely and peacefully acquiesce in the decision. This 
does not mean, and it ought not to be regarded as meaning, 
that the Supreme Court has the last word on any and 
every constitutional question, and that its decisions shall 
be binding forever and forever. The last word is always 
with the people. The Supreme Court when expressing 
an opinion simply utters the will of the people as it is 
expressed in the Constitution. If the people do not like 
the sound of their own voice, if they are no longer satisfied 
with their Constitution, they can amend it. When they 
shall have amended it the Supreme Court will instantly 
recognize the amendment as the supreme law of the land 
and will render judgment in accordance with the letter 
and spirit of the amendment. 

QUESTIONS ON THE TEXT 

1. Wliat is a criminal case? A civil ease? A case in equity? What 
is meant by original jurisdiction? concurrent jurisdiction? 

2. How is the jurisdiction of the federal courts determined? 



THE FEDERAL JUDICIARY AT WORK 161 

3. In what cases has the District Court jurisdiction? The Circuit 
Court? The Circuit Court of Appeals? The Supreme Court? 

4. What is the effect of declaring a statute to be unconstitutional? 

5. What four kinds of laws must be considered by every judge? 

6. What are the reasons given by Marshall to sustain the power of 
the Supreme Court, to declare an act of Congress unconstitutional? 

7. What has been the result of Marshall's decision? 

8. In what relation does the Supreme Court stand to the people? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Give an account of two famous decisions of the Supreme Court of 
the United States. 

2. If Congress should pass a law that the people wanted and the 
Supreme Court should set the law aside, what remedy have the people? 

3. Explain each of the following checks and balances mentioned by 
John Adams : ^ 

(1) The House of Eepresentatives is balanced against the Senate 

and the Senate against the House of Eepresentatives. 

(2) The Executive authority is balanced against the legislature. 

(3) The judiciary power is balanced against the House, the Sen- 

ate, the executive power and the State governments. 

(4) The Senate is balanced against the President in all appoint- 

ments of office and in all treaties. 

(5) The people are balanced against their representatives by bien- 

nial elections. 

(6) The legislature of the several States are balanced against the 

Senate by sextennial elections. 

(7) The electors [presidential] are balanced against the people in 

the choice of president. ( ?) 

Topics for Special Worl.— The Workings of the Courts: 2, 188-200. 
The Judicial Power of Declaring what has the Form of Law not to be 
Law: 10, 98-125; also 30, 250-255. 

1 Works, Vol. VI, 407-408. 



XXII 

THE STATE LEGISLATURE 

Introductory. In this chapter and the two chapters that 
follow we shall discuss the organization of the State gov- 
ernment. As we have already learned (p. 55), one State 
is quite like another in its political characteristics. No 
State, however, is precisely like another, and the organ- 
ization of the government of any particular State can be 
learned in detail only from the constitution of that State. 
All that a text-book can do, therefore, is to treat the 
subject in a general way. The particular facts may be 
learned by answering the questions which refer to the 
State constitution. 

The Origin of State Legislatures. The first legislature 
that ever sat in America met in Jamestown, Virginia, in 
1619. This was the Virginia House of Burgesses, in which 
eleven settlements, which the planters were pleased to call 
boroughs, were represented. Two years later Virginia had 
a governor, an advisory council, and a legislative assem- 
bly. This was the type of all succeeding colonial govern- 
ments. At the time of the Revolution, in all the colonies 
the legislature was elected by the people, and in all but 
two (Pennsylvania and Georgia) it consisted of an upper 
and a lower house. ^ When the colonies assumed the rank 
of States the new legislatures were modeled faithfully 

^ The federal Constitution assumes (4) but does not require that 
the State legislature shall consist of more than one branch. Georgia 
in 1789, Pennsylvania in 1790, and Vermont in 1836 changed to the 
bicameral system. 

162 



THE STATE LEGISLATURE 163 

after the old. The legislatures of the admitted States 
have invariably been fashioned after those already in 
existence. 

General Features of State Legislatures. In outward form, 
at least, the legislature of one State, although it may be 
widely separated by distance, and although it is created 
independently, is very much like that of another State. 
All legislatures meet at the State capital ; the upper house 
is always called the Senate and is always about one third 
as large as the lower house, which is usually called the 
House of Representatives; in all the States members must 
reside in the district which they represent; in all but eight 
States the legislature meets every two years ; in all the States 
the compensation of members is the same for both houses ; in 
forty-five States a law passed by the legislature can be vetoed 
by the governor, and the veto can be overcome by a majority 
vote, or by a three-fifths or a two-thirds vote, of both houses ; 
in every State each house is the judge of the qualifications 
and election of its own members ; in nearly every State mem- 
bers of both houses are apportioned strictly according to 
population. 

The Passage of Bills. Upon assembling, each house of a 
newly elected legislature elects its presiding officer. In 
the lower house this officer is called the speaker; in the 
Senate he is called chairman or president. In some States 
there is a lieutenant-governor, who presides in the Sen- 
ate but does not vote except when there is a tie. As 
soon as a clerk, a sergeant-at-arms, doorkeepers, messengers 
and other minor officers have been elected the presiding 
officer of each house announces the committees, which are 
as numerous as the interests and subjects that engage the 
attention of the legislature, the most important being 
those on finance, corporations, municipalities, the judi- 
ciary, appropriations, elections, education, labor, manufac- 
tures, agriculture, railroads. The committees are agencies 



164 THE AMERICAN GOVERNMENT 

of the utmost importance, for they are the channels through 
which all legislation must pass. 

Any proposed law, called a bill, immediately after it is 
introduced and read, is referred to its proper committee. 
The committee considers the bill in a private room where 
citizens may appear to defend or oppose it, and if it thinks 
the bill ought not to become a law it reports it unfavorably, 
and thus usually kills it. It is possible to pass a bill after 
it has been thus unfavorably reported, but this is rarely 
done. The judgment of the committee is practically final. 
If the bill is reported favorably its title is read and it is 
allowed to pass upon its second reading. In its regular 
order it comes up for its third and last reading. Now 
it is read in full, amended, perhaps, and voted upon. If 
it fails to get a majority of the votes that is probably the 
last of it. If it receives a majority of the votes it is sent 
to the other branch to be acted upon. Here it is referred 
by the presiding officer to its proper committee, is read 
three times upon three different days, is fully discussed 
upon its last reading, and is then voted upon. If it passes 
without amendments made in this second branch it goes 
to the governor to be signed by him. If it passes with 
amendment it must be returned to the house in which 
it originated to be, voted upon in its amended form. If 
it passes in the house in that form it becomes, as far as 
the legislature is concerned, a law. If there is trouble over 
the amendment a joint committee, or conference committee, 
consisting of three members from each house, is appointed 
to see what can be done to settle the matter. The action 
of this committee, if it reaches an agreement, is usually ac- 
cepted by both houses. A bill may originate in either 
house, but, as a rule, bills for raising revenue must originate 
in the lower house, because this branch is supposed to be 
closer to the taxpayers. 

After a bill has passed both houses it is sent to the gov- 
ernor for his approval. In order to guard against hasty 
and unwise legislation, and especially against encroach- 



THE STATE LEGISLATURE 165 

ments of the legislature upon the other two departments, 
the governor, like the President of the United States, can 
(in all but one State) forbid the passage of a bill by 
his veto. When he does this he sends the bill back, with 
his objections stated in writing, to that branch of the legis- 
lature that sent it to him. The bill may be voted upon 
again, and if it can secure the number of votes required by 
the constitution in such cases it becomes a law in spite of 
the governor's veto. 

The Importance of State Legislation. We have seen how 
wide is the range of power reserved to the State govern- 
ment (p. 56). The State legislature determines how these 
powers are to be exercised. The only limitations of its 
power are those imposed by the constitution of the State, 
and by the Constitution, laws and treaties of the United 
States (127). Within these limits it is at liberty to enact 
laws upon any subject that may come within the scope 
of governmental authority. The powers of Congress are 
enumerated ; the powers of a State legislature are innumer- 
able. When we say that a State legislature grants charters 
to cities, boroughs, towns, villages, railroads, banks, col- 
leges, seminaries, and other institutions public and private ; 
that it defines the boundaries of counties and towns ; that it 
regulates taxes, licenses, fees ; that it enacts punishment for 
treason, murder, arson, theft, kidnapping, bribery, forgery, 
fraud, perjury, and other crimes; that it makes laws con- 
cerning the sale of land, the giving of mortgages, the grant- 
ing of deeds, the making of wills, the settlement of the 
estates of bankrupts, the management of the estates of the 
dead; concerning education, charity, health, marriage, 
divorce; concerning voting and elections; concerning 
steamboats, canals, telegraph, and telephone companies; 
concerning farming, fishing, mining, manufcicturing, trad- 
ing,— when we say this much of the legislature, we may 
make it plain that its authority is very great, but we by 
no means exhaust the list of things it does. 



166 THE Aj\IEEICAN GOVERNMENT 

The State Legislature and the State Constitution. There 
is a tendency in recent years to strip the legislature of 
some of its power by inserting into the constitution, either 
by way of amendment or in constitutional convention, 
specific provisions concerning such matters as the manage- 
ment of railroads, the sale of intoxicating drinks, the 
chartering of corporations. The constitution of one State 
prescribes to the legislature how it shall purchase its sta- 
tionery, as if this body could not be trusted to do this 
wisely. It is quite certain that a constitution is not the 
place for such special provisions. A constitution should 
mark out a path for legislation, but should not contain 
the laws themselves. A legislature should be restrained 
by the constitution in all fundamental matters, in all mat- 
ters that involve the framework of government and the 
principles of civil liberty, but in all other matters it should 
be given a wide discretion. Frequently a legislature is so 
hampered by the constitution that it cannot pass needful 
laws. When this is the case there have been placed in 
the constitution items of a non-constitutional nature. 

These details are placed in the constitution beyond the 
reach of the legislature because of the distrust that has 
overtaken that body. For many years in private con- 
versation, in newspapers and in books, on the platform 
and in the pulpit, law-mal^rs have been denounced as 
grasping, stupid and corrupt. It has become almost a fixed 
habit for the American people to abuse their legislatures. 
The habit is unreasonable and unjust: unreasonable, be- 
cause the legislatures, taking them one after another 
through a considerable period of time, fairly represent the 
people who elect them; unjust, because, as a matter of 
fact, no legislature is largely stupid or corrupt. In all 
legislatures the average ability of membership is high, and 
in the worst legislature an overwhelming majority of the 
members are honest men. 

Perhaps the quality of our law-making bodies would 
be improved if we would trust them more and stop scolding 



THE STATE LEGISLATURE 167 

them and calling them bad names. Censure and distrust 
will only make them worse ; honor and respect would tend 
to elevate them. It is true that if you treat people as if 
they were better they will be better ; it is equally true that 
if you treat them as if they were worse they will be worse. 

The Initiative and Referendum. As a remedy for the real 
and supposed shortcomings of the State legislatures many 
students of political science urge the use of the political 
device known as the ^'initiative and referendum." The 
initiative enables the people to propose a law to the legis- 
lature; the refey^endum enables them to vote upon a law 
which they have commanded the legislature to refer to 
them. Where the initiative and referendum are in use 
a certain per cent, of the voters may propose to the legis- 
lature a measure which must be enacted by that body as 
a law and then be referred back to the people to be voted 
upon. Further, where this system prevails, a certain per 
cent, of the voters may demand that a law which the 
legislature has passed be referred to the people, although 
it be a law which was not at first proposed by the people. 
Thus by means of the initiative and referendum the voters, 
if they choose, can participate directly in the work of 
law-making. The system, if generally adopted, would 
change us from a representative to a pure democracy. 

The referendum in one form or another has been in use 
in the United States from the beginning. Every State con- 
stitution that provides for the submission of amendments 
to a popular vote recognizes the principle of referendum. 
The principle is also quite generally recognized where such 
matters as the incurring of debt or the selling of intoxi- 
cants are concerned. Direct legislation is provided for in 
South Dakota, Oregon, Oklahoma, IMaine, Missouri, Cali- 
fornia and Colorado. The constitution of South Dakota says : 

The people expressly reserve to themselves the right to propose meas- 
ures which measures the legislature shall enact and submit to a vote 
of the electors of the State, and the people reserve to themselves the 



168 THE AMERICAN GOVERNMENT 

right to require that anj law which the legislature may have enacted 
shall be submitted to a vote of the electors of the State before it goes 
into effect/ 

In Switzerland, where the people have had centuries of 
training in public affairs, direct legislation has been a 
success. In the United States it is probable that the initia- 
tive and referendum would succeed only in those States 
where the people by instinct and tradition are intensely 
democratic, w^here the popular interest in public affairs 
is keen, universal and sustained, and where the average of 
popular intelligence is very high. 

QUESTIONS ON THE TEXT 

1. What has been the historical development of State legislatures? 

2. In what respect do the legislatures of the different States resemble 
each other? 

3. Give a general account of the organization of a State legislature. 

4. How does a bill become a law? 

5. Upon what subjects may the legislature pass laws? 

6. In what way is the action of legislators sometimes hampered? 

7. Give reasons why the constitution should not fetter the legislature 
in respect to small matters? 

8. Why should legislatures receive the support of public opinion? 

9. What is the ''initiative and referendum"? To what extent is this 
system of legislation in use in the United States? 

SUGGESTIVE QUESTIONS AND EXEKCISES 

(Answers to many questions in this chapter and also in several of 
the following chapters may be found in the State constitution). 

1. What is the name of the lower house of the legislature of this 
State? What is the name of the legislature taken as a whole? Where 
and how often does the legislature meet? 

2. What are the qualifications of senators in this State as to age, 
citizenship and residence? What are the qualifications of members of 
the lower house? Under what circumstances is a person disqualified 
for membership in the legislature? What pay do the members of the 
legislature receive for their services? 

3. What is the nature of the oath taken by a member of the legis- 
lature in this State? 

^ Five per cent of the qualified votes may invoke either the 
initiative or the referendum. 



THE STATE LEGISLATURE 169 

4. What provision does the constitution make in respect to the num- 
ber of senators? In what manner are the senators apportioned to the 
cities and counties? What provision is made in respect to the number 
of representatives? How are they apportioned to the cities and coun- 
ties? Is there any question as to the fairness of this method of appor- 
tionment in this State? If the method is unjust how may a remedy be 
found ? 

5. Describe the manner in which each of the houses is called to 
order and organized on the first day of a session. What constitutes a 
quorum in each house? How may a person who is disorderly or disre- 
spectful in the presence of the senate or the lower house be punished? 
Does the legislature sit in secret or in open session? 

6. In whose name are the laws of the State enacted? Describe the 
passage of a bill from the time it is introduced until it becomes a law. 
To what extent is the initiative and referendum recognized in the con- 
stitution of the State? 

7. (In many States the constitution forbids the legislature to pass 
special laws in reference to certain enumerated subjects, that is, when 
it passes a law in reference to any one of such subjects the law must 
operate not upon certain specified individuals or localities, but must 
be uniform in its operation throughout the State.) Name the subjects 
upon which the legislature of this State is not permitted to pass special 
laws. 

8. Describe the process of impeachment in this State. How may a 
member of the legislature be punished for unfaithful service? 

9. What general prohibitions are placed upon the powers of the 
legislature of this State by the constitution? Does it seem that some 
of these prohibitions are unreasonable? 

10. Bound the senatorial district in which you live and name your 
State senator. 

11. Is the capital of this State conveniently located? How can its 
location be changed? 

12. Discuss fully each of the following sentences: (a) For good or 
for evil the legislature affects us in almost every relation of daily life. 
(b) When the people generally condemn their legislators they virtually 
condemn themselves, (c) We cannot elect able and skilful legislators; 
we can elect able and prudent men and reelect them until they become 
able and skilful legislators, (d) The position of the law-maker is a 
difficult one, for he must try to promote the interest of his locality and 
also the general welfare, and these often clash, (e) When we hear 
that legislators have received bribes a part of our indignation should 
be hurled against those who have given bribes. 

Topics for Special TForA;. — Procedure in State Legislature: 7, 1S3- 
195. Influencing Legislative Action: 7, 275-298. The Workings of 
State Government: 2, 366-378. The Initiative and Eeferendimi: 5, 
432-435; also 30, 295-302. 



XXIII 

THE STATE EXECUTIVE 

The Distribution of Executive Functions. The adminis- 
tration of a State differs considerably from that of the 
nation. In the administration of the federal government 
great power is given to the President. He appoints the 
heads of the departments and, directly or indirectly, al- 
most all subordinate officers. His responsibility is, of 
course, as great as his power. If the administration of the 
affairs of the United States is successful the President 
receives the credit ; if it is ill-fated he receives the censure. 
It is not thus in the State. The execution of the laws 
of a State is not given to one person or to one body of 
persons, but is intrusted to A^arious officials and various 
bodies. The greater part of the public business in a State 
is administered by local governments, by cities and town- 
ships and counties (p. 195). Those laws which pertain 
to special branches of State administration are distributed 
to State officers and State boards to be executed, and very 
often these officers and boards are elected by the people 
and are not responsible to a higher authority for their 
conduct. Cases of gross wrong-doing on the part of these 
high officials, however, may be reached by the legislature 
through the process of impeachment. 

The Executive Departments. The State officers and boards 
whose duties consist in managing special branches of the 
State's business constitute the executive department. 
Since this department is organized according to the par- 
ticular needs of each State, we are prepared to find it dif- 

170 



THE STATE EXECUTIVE 171 

fering in its details in the several States. The outlines of 
the executive department, nevertheless, are nearly the 
same in all the States. Every State has a governor (thirty- 
three States have a lieutenant-governor), a secretary of 
state and a treasurer ; almost every State has a comptroller, 
or auditor, an attorney-general and a superintendent of 
education. The length of the terms of service of these offi- 
cers, the manner of their election or appointment, and 
their qualifications and salaries are regulated by the con- 
stitution or by statute. Their duties, which do not vary 
widely from State to State, are as follows: 

I. The Oovernor. (1) The first duty of the governor 
is to take care that the laws are faithfully executed. This 
may mean much or little. In reference to private law, the 
law that regulates the relations between man and man, 
and in reference to the peace and good order of the State, 
it means much, for the governor is commander-in-chief of 
the military forces of the State, and he can call upon the 
soldiers to assist him in enforcing the judgment of a court 
or in suppressing riots and disorderly proceedings (p. 253). 
In reference to the laws regulating the business of the 
special departments it frequently means but little, for, as 
we have seen, the officers of these departments are often 
elected independently of the governor and are themselves 
the authorized executors of the laws relating to their 
respective departments, and whether they administer the 
law well or ill the governor has no control over them. 

(2) Another duty of the governor is to transmit to the 
legislature a message, informing it of the condition of af- 
fairs within the State and suggesting such legislation as 
he may deem wise. The legislature, however, is not bound 
to follow the suggestions made in the message or even to 
consider them. If the legislature is not in session and the 
governor thinks certain legislation urgent, he may sum- 
mon it to meet in extra session and lay before it the mea- 
sures that demand immediate consideration. 

(3) In many States the governor has the pardoning 



172 THE AMERICAN GOVERNMENT 

power which it is his duty to exercise when he thinks a 
person has been unjustly convicted of crime. His pardon 
may be absolute or he may commute the punishment. For 
good reason he may grant reprieves. In a few States the 
power of pardon, commutation and reprieve is not left to 
the governor, but is vested in a special body of officers 
known as the board of pardons. 

(4) In every State it is the duty of the governor to 
appoint many officials whose selection is not otherwise pro- 
vided for. When an elective official dies or resigns before 
his term ends the governor fills the vacancy by appointing 
some one to serve until another election is held. When 
vacancies occur in the representation of the State in Con- 
gress, he issues writs for a new election in the case of Repre- 
sentatives (12) and makes temporary appointments in the 
case of Senators (17). 

(5) It is the duty of the governor to check hasty or cor- 
rupt or unwise legislation by interposing his veto. Ex- 
perience seems to prove that the possession of the veto 
power enables the governor to exercise a wholesome re- 
straint upon the legislature, and accordingly the veto power 
is given to him in all the States but one. 

(6) The governor performs numerous social duties. He 
opens fairs, dedicates public buildings, presents diplomas to 
the graduates of normal schools and colleges, and honors 
important celebrations and meetings with his presence. 

II. The Lieutenant-governor. This officer serves when 
the governor is out of the State or is incapacitated for 
duty. He is ex officio president of the Senate, and when 
a vacancy occurs in the governorship he succeeds to the 
office. In those States where there is no lieutenant-gov- 
ernor the president of the Senate usually succeeds to the 
governorship in case of a vacancy. 

III. The secretary of state records the official acts of the 
governor and files the laws passed by the legislature. He 
has charge of all State papers, of the journals of the legis- 
lature, and of the historical documents, statuary, paintings, 



THE STATE EXECUTIVE 173 

relics, etc., owned by the State. This officer may properly 
be called the chief clerk of the executive department. 

IV. The State comptroller or auditor manages the finan- 
cial business of the State. He prepares plans for the im- 
provement and management of revenue, reports estimates 
of the revenue and expenditure of the State, and enforces 
the prompt collection of taxes. He keeps an account of 
all the money paid into the treasury and all drawn from 
it. Not a dollar can be taken from the treasury without 
his order. As a rule it is his duty to see that those charged 
with the collection of revenue of the State are responsible 
persons and are properly bonded. In a few States the 
comptroller serves on one or more State boards. 

V. The State treasurer has in his keeping the money 
paid into the State treasury. His principal duties are to 
receive the State funds, place them where they will be 
safe, and pay them out as he is ordered by the comptroller. 
Like the comptroller, the treasurer sometimes serves upon 
State boards. 

VI. The attorney -general is the law officer of the State. 
He appears in court for the State when it needs the services 
of a lawyer, and he gives legal advice to executive officers 
when he is called upon to do so. 

VII. The superintendent of puhlic instruction stands at 
the head of the public-school system of the State. He 
reports to the governor or to the legislature the condition 
of educational affairs throughout the State, visits teach- 
ers' institutes and other educational meetings, and delivers 
lectures upon educational topics, inspects schools, suggests 
methods of teaching and courses of instruction and pro- 
motes the cause of education in many ways. In some States 
he prescribes the qualifications of teachers and issues their 
certificates, and supervises the distribution of the school 
funds. In a few States the executive authority in refer- 
ence to the public schools is vested in the State Board 
of Education. Where this is the case the superintendent 
of instruction is simply an agent of the board. 



174 THE AMERICAN GOVERNMENT 

The above officers are found in almost every State. The 
governor and lieutenant-governor are always elected by 
the people, but the method of choosing the others varies; 
sometimes the people elect, sometimes the governor ap- 
points and sometimes the legislature elects. In addition 
to these principal officers we find in the different States 
such minor officers and boards as special conditions may 
require. The titles of these suggest the nature of their 
duties and may be mentioned without comment : 

State insurance commissioner; State librarian; State commissioner of 
agriculture; State inspector of mines; State commissioner of immigra- 
tion ; State surveyor ; State tax commissioner ; State fire marshall ; State 
factory inspector; State commissioner of fisheries; State dairy inspec- 
tor; State inspector of steam boilers; adjutant-general; State vaccine 
physician; State board of health; State board of medical examiners; 
State board of public works; State board of dentistry; State board of 
railroad commissioners; State liquor license commissioners; State 
board of charities; State board of pardons. 

No State has all of the above officers, but every State 
has a few of them. Besides the major and minor officials 
that have been mentioned there are in the service of the 
State such assistants, secretaries, clerks and employees of 
various kinds as may be necessary for the efficient working 
of the several departments. 

The Concentration of Power in the Hands of the Governor. 

Many writers criticize the organization of the executive 
departments of our State governments. The powers ac- 
corded to the governor seem to them to be entirely too small. 
They contend (1) that the chief State officials should not 
be the governor's colleagues, each managing his part of 
the State's business to suit himself, but that they should 
be his subordinate and dependent assistants; (2) that if 
you scatter power, you scatter and weaken responsibility; 
(3) that if you will place the whole power of administra- 
tion in the hands of the governor, giving him the appoint- 
ment of all State officials and the power of removing them, 



THE STATE EXECUTIVE 175 

you will have better government, for you will have a person 
(the governor) whom you can hold responsible. 

Others object to such a concentration of power in the 
governor's hands, claiming: (1) that the mischief that 
could be done by a bad governor with great powers might 
easily prove to be greater than our present evils, which are 
really not great; (2) that we should not risk giving the 
most extensive power to one man unless we are sure that 
the man has knowledge and skill co-extensive with his 
powers— in other words, that omnipotence implies omni- 
science ; (3) that concentration of great power in the hands 
of rulers has not in the past worked for the happiness of 
mankind. 

QUESTIONS ON THE TEXT 

1. How are the executive functions of the State government dis- 
tributed? 

2. Name the State officials that are found in almost every State. 

3. What are the duties of the governor? 

4. What are the duties of the lieutenant-governor? of the secretary 
of State? of the State comptroller? of the State treasurer? of the 
attorney-general? of the superintendent of public instruction? 

5. Name some of the minor officers of the State executive department. 

6. What services are rendered by the State executive department? 

7. Give reasons for and against the concentration of power in the 
hands of the governor. 

SUGGESTIVE QUESTIONS AND EXERCISES 

1. Which of the higher officials of this State mentioned in the text 
derive their authority from the constitution? From what source do the 
others derive their authority? 

2. State the qualifications, term of office, salary and chief duties of 
the several State officials provided for in the constitution; also state 
which of these are elected by the people and which are appointed. 

3. Which of the minor officials mentioned in the text are found in 
this State? Why do not all the States have minor officials of the same 
character? 

4. Has the governor of this State the veto power? If so, how may 
his veto be overcome? 

5. Under Avhat circumstances may the governor remove an official? 

6. Is the tendency in this State to give much or little power to the 
governor? Is this tendency fortunate or unfortunate? 



176 



THE AMERICAN GOVERNMENT 



7. Name the cMef executive oflS.cials of this State. In what sense 
are these officers representatives? 

8. What are some of the qualifications of a good governor? a good 
comptroller? a good attorney-general? a good State superintendent of 
instruction ? 

9. Has the governor of this State the pardoning power? Is the 
pardoning power an executive or a judicial function? 

10. In which of the three departments of the government of this 
State do the people take the most pride? In which do they take the 
least pride? 

11. What officers of this State would be best fitted to serve as the 
President of the United States? What officer would be best fitted to 
serve in the President's cabinet? 

12. Fill out the following scheme for the executive department of 
the State: 





Name? 


Appointed 

OB 

Elected ? 


Term of 
Office ? 


Salary ? 


Duties ? 


Governor 












Lieutenant- 
Governor 












Secretary 
of State 












Treasurer 












Comptroller 
or Auditor 












Attorney- 
General 












Superintendent 
of Education 













Topics for Special WorJc—The Power of Pardon: 8, 83-92. The 
Governor's Part in Legislation: 8, 181-184. The State Governor: 30, 
271-275. Public Service Commissions; 30, 275-281. 



XXIV 

THE STATE JUDICIARY 

The Selection of the State Judiciary. Under England's 
rule each colony had its own judicial system. The judges 
— excepting those of Rhode Island and Connecticut— were 
appointed by the colonial governor. After independence 
was declared each State retained the system of courts to 
which it had been accustomed, but under the new consti- 
tutions eight States vested the election of judges in the 
legislature, while five gave the appointment of them to the 
governor. Early in the nineteenth century, Georgia, ven- 
turing upon a policy hitherto unknown in the history of 
politics, entrusted the election of its judges to the people. 
As democracy grew stronger the people began to demand 
the privilege of electing their judges as well as their other 
officers, and the example set by Georgia came to be gen- 
erally followed, especially in the new States. At the pres- 
ent time in about three fourths of the States the judges 
are chosen by the voters. In the other States they are 
either appointed by the governor or chosen by the legis- 
lature. 

The Several Q-rades of State Courts. The names of the 
several grades of State courts and the jurisdiction of each, 
the method of choosing the judges, their qualificatiorus, 
their salaries, their term and tenure of office, and other 
important matters pertaining to the judiciary are usually 
prescribed in the State constitution. 

Since the judicial department of a State is organized 
in accordance with the necesaities and traditions of a par- 

12 177 



178 THE AMERICAN GOVERNMENT 

ticiilar region, we must not expect to find the system of 
any two States precisely alike. The work of a State court, 
however, is everywhere the same: it administers justice 
in cases that come within the scope of State laws, and 
these are the laws which relate to most of the affairs of 
daily life (p. 56). In the administration of justice in the 
State it has been found convenient in all the States to 
have at least three grades of courts : 

I. The Justice's Court. This court, the lowest in the 
series, is held by a justice of the peace and may be called 
the court of the neighborhood, for in every community it 
is near at hand to administer justice in small affairs. In 
it are tried petty misdemeanors and civil cases involving 
small sums of money. In the trial of trivial offenses and 
of civil cases involving but a small sum of money the 
decision of the court is usually final, but when its judgment 
inflicts a severe penalty or involves a considerable sum 
of money an appeal may be taken to a higher court. In 
cities, police courts, sometimes called municipal, some- 
times magistrates', courts, are often established for petty 
criminal cases. Where the police court exists side by 
side with the justice's court the latter tries only civil 
cases. 

II. The Circuit or District Court} This is the tribunal 
next above the justice's court, and it may be called the 
court of the county, for it is held in every county at the 
county-seat. It must not be understood, however, that the 
jurisdiction of the judges of this court is limited to a single 
county. A circuit (or district) usually includes several 
counties, and the judges of a circuit go from county to 
county to hold court. In rural districts this court tries 
both civil and criminal eases, but in the larger cities there 

^ This tribunal is called the circuit court in 19 States, the district 
court in 12 States, the superior court in 9 States, the court of common 
pleas and oyer and terminer in 2 States, the court of general sessions 
in one State, and the county court in one State. The student should be 
sajeful not to confuse the circuit or district court of the State with 
the circuit and district courts of the federal system. 



THE STATE JUDICIARY 179 

is generally a criminal conrt of corresponding grade for 
the trial of the criminal cases.^ 

These courts of the second grade are the centres of most 
of the judicial activity of the State. In them are tried the 
weightier cases of the law. They review the cases appealed 
from the justice's court and they have original jurisdiction 
in serious criminal cases and in important civil cases. 

It is in these courts, too, that the jury figures most prom- 
inently as an agency of justice. Juries are of two kinds, 
grand and petit. The grand jury is a body of men vary- 
ing from 12 to 23 in number, chosen by court officials to 
inquire whether there have been any violations of the law 
in the community and to determine whether or not these 
persons under suspicion should come up for trial. When 
making an inquiry into a criminal charge the grand jury 
sits in secret and hears only the evidence against the ac- 
cused. Its function is not to try the accused, but to decide 
whether on the face of things there is sufficient evidence of 
guilt to warrant a trial. When a majority of the grand 
jury are satisfied that the case ought to be tried the in- 
dictment is endorsed with the words ''a true bill," and 
the case goes to the petit jury to be tried. This body (in 
all the States but one) must consist of twelve men. It 
sits in open session, hears evidence on both sides of the 
case. During the progress of the trial questions of law 
are determined by the court; the jury determines only 
questions of fact. After the evidence has all been given 
and counsel on both sides of the case have been heard, 
the jury retires from the court-room and is locked into 
a small room where it remains until it finds a verdict, or 
until the judge decides that no verdict will be reached. 
All the twelve members must agree upon the verdict. 
When no agreement is reached a new trial may be ordered. 
As a general rule it may be said that the verdict of a jury 
is decisive. 

Juries are chosen from the ordinary citizens in the neigh- 

^ A very large city often has an elaborate system of courts of its own. 



180 THE AMERICAN GOVERNMENT 

borhood in which the trial is conducted— from farmers, 
mechanics, merchants— and this is the feature doubtless 
that makes trial by jury so popular. When a man is tried 
by men who are neither too far above him nor too far 
below him to have sympathy with him, he has a good 
chance for a fair trial. The jury system, like every other 
human institution, has its defects, but notwithstanding its 
shortcomings it is one of the greatest safeguards of civil 
liberty ever invented. 

III. The Supreme Court} In this court resides the su- 
preme judicial authority of the State. It sits at the State 
capital,^ where it holds sessions the greater part of the year. 
Its jurisdiction is for the most part appellate, although 
there are a few instances in which it has original jurisdic- 
tion. For example, a case involving the official action 
of a State officer is usually begun in the supreme court. 
Most of the cases, however, tried in the supreme court 
come up to it from the courts below. When a decision of 
this court conflicts in no way with the federal authority 
it is final, and is binding upon the people of the State as 
long as the State constitution remains unchanged, but 
when the decision conflicts with federal law or with the 
federal Constitution it may be reversed by the Supreme 
Court of the United States. 

Intermediate Courts of Appeal. In several States where 
the work of the courts is unusually heavy there has been 
inserted between the court of the second grade and the 
supreme court an intermediate court of appeals.^ This 
additional tribunal has been established to relieve the State 
supreme court of some of its burden, just as the federal 

^In four States (Kentucky, Maryland, New Jersey and New York) 
this court is called the Court of Appeals. In Texas there are two su- 
preme courts, one for civil and one for criminal cases. 

^ In a few States the supreme eouii;, for the convenience of the public, 
holds sessions at several different places in the State. 

^ Pennsylvania, Illinois, Louisiana and Missouri have courts of this 
kind. In New York there is below the court of appeals, the highest 
court of the State, a supreme court, one division of which is an inter- 



THE STATE JUDICIARY 181 

Circuit Court of Appeals (p. 156) was established for the 
purpose of making easier the work of the federal Supreme 
Court. The jurisdiction of this intermediate court is purely 
appellate, and its decisions are final, except in a few speci- 
fied cases which may be carried from it up to the higher 
court. 

Probate, County and Chancery Comts. In many of the 
States we find in every county a probate court— sometimes 
called the orphans' court (p. 199). In States where there is 
no separate court, the probate business is given to the 
county court, an institution found in many States. This 
county court in a few States has functions which are purely 
judicial and may try misdemeanors and small civil cases. 
In six States we find chancery courts separate from the 
law courts. In these chancery courts the equity cases are 
tried. As a rule, however, equity cases are tried in the 
regular law courts of the system. 

The Relation of the State Judiciary to the Federal Judi- 
ciary. The State courts are entirely independent of the 
federal courts. They have their own judges and court 
officers — sheriffs, clerks and prosecuting officers (p. 198) — 
and their own court-houses. They attend to the judicial 
business of the State and cannot be compelled to perform 
judicial duties of a federal nature. Their decisions, how- 
ever, may be reviewed and reversed by the federal courts. 
When one of the parties to a case in a State court claims 
that the decision of the court is contrary to the federal 
Constitution or to federal law the case may be carried 
over to the federal courts for trial, but when a case ijs 
wholly outside of federal authority it must receive its final 
settlement in a State court. 

The Powers of the State Judiciary. The part played by 
the State judiciary in our civil life is of the highest im- 
mediate court of appeals. The other division of the supremo court does 
for the most part the work of a court of the second grado, that is to 
say, of a circuit or district court. 



182 THE AMERICAN GOVERNMENT 

portance. Most of tlie cases tliat come up for settlement 
are tried in the State courts. The volume of State judicial 
business is probably ten times as great as the business of 
the federal judiciary within the State. Among the powers of 
the State judge are the following : 

(1) He may declare a statute of the legislature invalid 
on the ground that it conflicts (a) with the Constitution 
of the United States (127), or (&) with a statute or treaty 
of the federal government, or (c) with a decision of the 
Supreme Court of the United States, or (d) with the consti- 
tution of the State. 

(2) When the case before the court is novel, and there 
is no law, either customary or written, which will fit the 
case the judge may nevertheless render a decision, and 
this decision is not only law for the case in hand, but it 
will also generally be regarded in other courts of the State 
as the law for similar cases when they shall arise. Laws 
thus established by judicial decisions are distinguished 
from those enacted by the legislature and are called judge- 
made laws or case laws. 

(3) Judges in courts of equity— and in most States the 
regular law courts are also courts of equity— have the power 
to issue the writ of injunction forbidding a person to do, or 
commanding him to do, a certain thing. If the injunction is 
disobeyed the person disobeying it is liable to punishment. 
The injunction is generally used to prevent the commission of 
A'\T:'ongs which could not be prevented by the ordinary work- 
ings of a lawsuit. Thus, if a railroad company begins to lay 
its tracks across a man's property without first securing a 
right of way, a judge in a court of equity, at any time of the 
day or night, will issue an injunction forbidding the railroad 
to continue the laying of the tracks. In recent cases courts 
have forbidden labor leaders and others to induce or coerce 
workingmen to strike where the strike would cause irrepar- 
able injury and damage to the employers. This use of the 
injunction has met with fierce opposition and is regarded by 



THE STATE JUDICIARY 183 

many as unwarranted and unjust. The power of injunction 
is exercised by federal as well as by State judges. 

QUESTIONS ON THE TEXT 

1. How were judges selected in colonial times? How are they selected 
at the present time? 

2. What is the function of the State judiciary? 

3. Give an account of each of the three grades of State courts. 

4. For what purpose have intermediate courts of appeal been estab- 
Hshed? 

5. What is a probate court? a chancery court? 

6. In what relation does the State judiciary stand to the federal 
judiciary. 

7. Name three important powers of the State judiciary? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Examine the constitution of this State for answers to the follow- 
ing questions: (a) What are the names of the several grades of courts 
beginning with the lowest? (&) How do justices of the peace and 
police magistrates receive their of&ce, by election or by appointment? 
(c) What is the name of the court corresponding to the circuit court 
described in the text? State the qualifications of the judges of this 
court, the term of their office, the mode of their election or appointment 
and the salary received. What is the number of the circuit (or district) 
in which you live? Bound this circuit and name the judges, (d) What 
is the name of the court corresponding to the supreme court described 
in the text? State the qualifications of the judges of this office, the 
term of the office, mode of election or appointment and the salary re- 
ceived. 

2. Enumerate the qualities of a good judge and determine which of 
the following methods of selection will be most likely to secure the 
right man: (1) Election by the people; (2) appointment by the gov- 
ernor; (3) election by the legislature. 

3. Why should the term of office of a judge be longer than that of 
other officers? 

4. Wliich are the most important, good law-makers, good executive 
officers or good judges? 

Topics for Special TForA;.— Trial by Jury: 10, 184-197; 30, 320-327. 
The American Lawyer : 10, 344-364. The Writ of Injunction : 10, 47 ; 
290-292. J ; > 



XXV 

TERRITORIES AND DEPENDENCIES 

Introductory. The account of the organization of the 
State may appropriately be followed by an account of the 
organization of the Territory, for the Territory is simply 
an infant State,— a State in the first grade of government. 
This chapter, therefore, will treat of territorial govern- 
ment, but the treatment will include both Territories prop- 
erly so-called and also those other territorial possessions 
that do not as yet bid fair to be incorporated into the 
Union. In the account it will be convenient to speak of 
Territories and Dependencies, but it need not be supposed 
that the distinction between a Territory and a Dependency 
is always sharp and clear. The student, however, will do 
well to bear in mind that a Territory is incorporated into 
and forms a part of the United States, while a Dependency 
belongs to but it is not an integral part of the United 
States. Moreover, it may be broadly stated that the in- 
habitants of a Territory are citizens of the United States, 
while the inhabitants of a Dependency are not. 

Territories and Dependencies Governed by Congress. All 

territory not included within the boundaries of a State, 
yet subject to the dominion of the United States, is wholly 
dependent upon Congress for its governmental powers. 
This is the fundamental principle underlying all questions 
relating to the government of territory subject to the sov- 
ereignty of the United States and not included within a 
State. "The Congress," says the Constitution, ''shall have 
power to dispose of and make all needful rules and regu- 
lations respecting the Territory or other property belong- 

184 



TERRITORIES AND DEPENDENCIES 185 

img to the United States" (119). The power of Congress 
over federal territorial possessions of whatever kind or 
wherever located is practically supreme. ''The Territories 
of the United States are entirely subject to the legislative 
authority of Congress. They are not organized under 
the Constitution nor subject to its complex distribution 
of powers of government as the organic law, but are the 
creation exclusively of the legislative department and sub- 
ject to its supervision and control. The United States, 
having rightfully acquired the territories, and having be- 
come the only government that can impose laws upon them, 
have the entire domain and sovereignty, national and mu- 
nicipal, federal and State. It may legislate in accordance 
with the special needs of each locality and vary its regu- 
lations to meet the circumstances of the people. ... In 
a Territory all of the functions of government are within 
the legislative jurisdiction of Congress. ' ' ^ 

When planning for the government of federal territory 
from time to time, Congress has dealt with each case ac- 
cording to its merits. Now it has permitted a newly ac- 
quired possession to enter into an immediate enjoyment 
of statehood; now it has provided liberally for local self- 
government; now it has held the reins of government 
tightly in its own hands. This policy of giving to each 
community a government suitable to its needs has led to 
the establishment of so many different kinds of govern- 
ments in the Territories and Dependencies that a satisfac- 
tory classification of them cannot be made. Nevertheless, 
the inferior governments may be conveniently studied 
under two headings, namely: (1) Territories and Depen- 
dencies on the American Continent, and (2) Insular Ter- 
ritories and Dependencies. 

Territories and Dependencies on the American Continent. 

These are: New Mexico, organized as a Territory in 1850; 

"Bndlemen, ct al., v. United States. Quoted in Willoughby's 
* ' Territories and Dependencies. 



186 THE AMERICAN GOVERNMENT 

Arizona, separated from New Mexico and organized as a 
Territory in 1863 ; Indian reservations and National Parks ; 
Alaska, purchased from Russia in 1867 ; the District of 
Columbia, ceded to the United States by Maryland and 
Virginia^ in 1790 as the permanent seat of the federal gov- 
ernment; and the Panama Canal Strip, acquired from the 
Republic of Panama in 1904. 

I. Arizo7ia, New Mexico.^ These two Territories have 
substantially the same form of government. The executive 
power in each is vested in a governor appointed by the 
President of the United States for a term of four years. 
The duties of the governor correspond very closely to those 
of a governor of a State. The President also appoints for 
each Territory a secretary, who acts as governor in case of 
the absence or disability of that officer, and who performs 
such duties as are usually performed by the secretary of a 
State (p. 172). 

The legislative department of these Territories consists 
of a popularly elected legislature of two houses, the mem- 
bers of both of which are elected for a term of two years. 
The powers of the territorial legislature are almost as 
wide in their scope as those of a State legislature (p. 163) 
and extend to all rightful subjects. A law of a Territory, 
however, may be vetoed by the governor or may be an- 
nulled by Congress. 

The judicial department consists of a system of superior 
courts whose judges are appointed by the President, and 
of certain inferior courts whose judges are either elected 
by the people or appointed by territorial authority. The 
inferior courts are the probate court, the justice's court, 
and the municipal police court. The functions of the ter- 
ritorial courts are almost identical with those of the State 
courts. Territorial courts are not provided for in the Con- 

1 The portion of the District granted by Virginia was afterwards 
retroceded to that State by the United States. 

2 See page 70. 



TERRITORIES AND DEPENDENCIES 187 

stitution nor do they belong to the regular federal judici- 
ary. They are simply judicial organs created by Congress 
to assist in the governing of Territories. The judges of 
territorial courts, since they are not in a strict sense federal 
judges, may be removed by the President. 

Besides the executive officers appointed by the President 
each Territory has such other officers as are necessary 
for the proper administration of its affairs. For example, 
Arizona has a Territorial Superintendent of Instruction, 
a Territorial Treasurer, and a Territorial Attorney-General. 
Each Territory is divided into counties and has its own 
peculiar system of local and municipal governments. 

The political tie which binds the Territory to the federal 
government is the Delegate. The territorial delegate is 
elected every two years by popular vote. He has a right 
to a seat in the House of Representatives, and receives the 
same salary as other members of Congress. He serves on 
committees and may speak on all questions pertaining to 
his Territory, but he has no vote. 

II. Indian Reservations and National Parks. In the 
management of the territory that has been under its control 
the national government has from time to time marked off 
and reserved certain lands for the use of the Indians. Scat- 
tered over the country there are in all about 160 of these 
Indian reservations. Some of them hav-e a very large area. 
The Navaho reservation in Arizona has an area considerably 
larger than the State of Maryland. An Indian reservation 
is a kind of Dependency of the United States. The tribes 
living on a reservation are under the control of Congress. 
The national government protects the Indians on the reser- 
vation against injustice at the hands of the white man, gives 
them food supplies, and supports schools among them. 

In the management of its public domain the national gov- 
ernment has also set off several large tracts of land to be used 
as parks. These national parks are in some instances of vast 



188 THE AMERICAN GOVERNMENT 

extent. The Yellowstone National Park has an area nearly 
half as great as that of Massachusetts. 

III. Alaska. After neglecting this region for a long 
time Congress at last, in 1900, provided for it a code of laws 
and a suitable form of government. The officers of govern- 
ment are a governor, a surveyor-general (who also acts as 
secretary), a district-attorney and three judges, all ap- 
pointed by the President. There is no legislative body. 
Provision is made in the code for local self-government in 
the larger towns. Alaska has a territorial delegate in the 
House of Representatives. 

IV. The District of Colum'bia} The government of the 
District of Columbia, by the Constitution, is vested exclu- 
sively in Congress (61). Several methods of governing 
the District had been tried when in 1878 Congress estab- 
lished the present form of government,— a form as simple 
as anything known to American politics. The District is 
governed by a board of three commissioners appointed by 
the President. Two of the commissioners must be ap- 
pointed from civil life, and one must be an officer of the 
army. This board exercises not only the executive power, 
but acts in many respects as a legislature. Its reasonable 
regulations in respect to matters affecting the life, health 
and comfort of the people have the force of laws. Al- 
though Washington— the District of Columbia is but an- 
other name for the city of Washington— has no distinct 
legislature of its own, it nevertheless enjoys the services 
of the greatest legislative body of the country, for Con- 
gress keeps its eye upon the affairs of the District and 
devotes certain days to the consideration of District busi- 
ness. When legislating for the District, Congress acts as 
a city council, and visitors to the Capitol may hear sena- 
tors and representatives discussing such topics of local 
government as the repairing of the streets or the regu- 

* Strictly speaking the District of Columbia is neither a Territory nor 
a Dependency; it is simply a "municipal corporation with such powers 
as are common to municipal corporations in general. ' ' 



TERRITORIES AND DEPENDENCIES 189 

lation of trolley lines or the adjustment of teachers' 
salaries. 

The judicial system of the District consists of a court of 
appeals, a regular trial court called the supreme court, and 
a police court for the trial of petty offenses and municipal 
regulations. Justices of the peace are provided for the trial 
of certain kinds of civil cases. All these judicial officers are 
appointed by the President. 

The District of Columbia has no delegate in Congress. • 
V. The Panama Canal Strip. This consists of a zone 
of land of the width of ten miles, extending to the distance 
of five miles on each side of the central line of the route 
of the Panama Canal. The region has been placed under 
the authority of the War Department, which may make 
such rules as are needful for the government of the zone. 

Insular Territories and Dependencies. These are : Hawaii, 
annexed by a joint resolution of Congress in 1898 (July 7) ; 
Porto Rico, occupied July 25, 1898 by military forces of 
the United States under General Miles; the Philippine Is- 
lands, occupied August 13, 1898, by military forces under 
Admiral Dewey; Guam, seized by the United States navy 
during the war with Spain in 1898; certain islands of the 
Samoan group acquired by treaty in 1900.^ 

I. Hawaii. The Hawaiian Islands are governed under 
the name of "The Territory of Hawaii" by an act of Con- 
gress passed in 1900. This act provides for a territorial 
government almost precisely like those of Arizona, New 
Mexico and Oklahoma. It ought to be noted, however, that 
in the case of Hawaii, Congress, besides providing for a 
governor and a secretary, also provides for an attorney- 
general, a treasurer, a commissioner of public lands, a 
superintendent of public works, a superintendent of public 

^ Wake Island, Midway or Broad Island, Howland and Baker islands 
and the Guano islands officially belong to the United States, bnt since 
they are practically uninhabited they have not been provided with 
governments. 



190 THE AMERICAN GOVERNMENT 

instruction, a surveyor and an auditor. These additional 
officers are to be appointed by the governor of the Territory 
and confirmed by the territorial senate. The act annexing 
Hawaii conferred upon the citizens of Hawaii the rights 
of citizens of the United States. 

n. Porto Rico. The organic act establishing a govern- 
ment for this island was passed in April, 1900. It provides 
for the appointment by the President of a governor, a secre- 
tary, an attorney-general, a treasurer, an auditor, a com- 
missioner of the interior and a commissioner of education. 
All these officers hold their positions for four years. 

The legislature of Porto Rico is bicameral. The upper 
house, known as the executive council, consists of the exe- 
cutive officers mentioned above (not including the gov- 
ernor), and of five other persons, native inhabitants of Porto 
Rico, appointed by the President of the United States. 
This branch of the legislature is therefore not constituted 
in accordance with American ideas of representation, for 
it is not elected by the people. The lower branch consists 
of delegates elected by the voters of the island for the term 
of two years. The governor can veto the act of the legis- 
lature. 

The judicial system of the island consists of a Supreme 
Court composed of judges appointed for life or good be- 
havior by the President; of district courts presided over 
by judges appointed by the governor; and of municipal 
courts whose judges are elected by the people. 

The organic act for Porto Rico provides that the voters 
of the island every two years shall elect a commissioner, 
who shall be entitled to official recognition as such by all 
the departments at Washington. This commissioner in 
the intention of the law is plainly not a delegate, yet by 
the grace of the House of Representatives he has been 
accorded the right to speak in that body and to serve on 
its committees. For all practical purposes, therefore, he 
is in reality a territorial delegate, although Porto Rico 
can hardly be said to be a Territory, for it is not a part 



TERRITORIES AND DEPENDENCIES 191 

of the United States. Its inhabitants are citizens of Porto 
Rico and are entitled to the protection of the United States, 
but they are not American citizeiis. 

III. The Philippine Islands. In February, 1899, after 
the Philippine Islands had been ceded to the United States 
by the treaty of Paris, the following resolution was passed 
by Congress: 

Resolved, etc., That by the ratification of the treaty of 
peace with Spain it is not intended to incorporate the in- 
habitants of the Philippine Islands into citizenship of the 
United States, nor is it intended to permanently annex 
said islands as an integral part of the territory of the 
United States ; but it is the intention of the United States 
to establish in said islands a government suitable to the 
wants and conditions of the inhabitants of said islands to 
prepare them for self-government, and in due time to 
make such disposition of said islands as will best promote 
the interests of the citizens of the United States and the 
inhabitants of said islands. 

In accordance with the spirit of the above resolution. Con- 
gress has given to the Filipinos the form of government 
which has seemed best suited to their needs, changing the 
form from time to time as conditions on the islands have 
changed. At present (1909) the executive department of 
the Philippine Islands consists of a Governor-General, a 
secretary of the interior, a secretary of commerce and police, 
a secretary of justice and finance, and a secretary of public 
instruction, all appointed by the President and confirmed by 
the Senate. The legislative department consists of a lower 
house elected by the people and of an upper house composed 
of the executive officers named above and four members 
appointed by the President. It will be observed that the 
government of the Philippine Islands closely resembles the 
government of Porto Rico. The Filipinos are not citizens of 
the United States, but they enjoy many of the rights of 
American citizenship. 



192 THE AMERICAN GIOYERNMENT 

The Philippine Islands have no delegate in Congress, yet 
they are permitted to send to Washington two commissioners 
who appear before the committees of Congress and represent 
the interests of the islands. 

The judicial system of the Islands includes a supreme 
court, consisting of a chief justice and six associate justices, 
courts of general trial for the provinces, and justices' 
courts for the municipalities. The judges of the supreme 
court are appointed by the President of the United States, 
but the judges of the provincial courts and the justices of 
the peace are appointed by the governor of the island. 
Cases may be carried by appeal from the supreme court of 
the island to the Supreme Court of the United States. 

The archipelago is divided for governmental purposes 
into provinces, and the provinces into municipalities. Each 
province has a governor, a secretary, a treasurer and a 
supervisor of public buildings, roads, bridges and ferries. 
The provincial officers, with the exception of the governor, 
are appointed by the commission. The municipality has a 
mayor and a body of municipal councillors elected by the 
qualified voters of the municipality. These municipal 
councillors elect the governor of the province. In respect 
to local affairs government in the Philippines is of the cen- 
tralized type, for the commission has large control over 
the province and the province has large control over the 
municipality. 

IV. Guam and Samoa {Tutuila). Governmental power 
in these islands is vested in the naval officers who happen 
to be in command of the naval station. As a matter of fact 
the inhabitants of the islands in a large degree govern 
themselves. At times, however, it is necessary for the naval 
officer to interpose his authority, and upon such occasions 
his orders have the force of laws. 

The Attitude of the United States toward Dependences. 

The extension of our political influence into Porto Rico 
and the Philippines was perhaps an unavoidable incident 



TERRITORIES AND DEPENDENCIES 193 

in our growth as a nation. Certainly for good or for evil 
we have made these islands our wards, and oiir duty in 
respect to them ought to be clear : we ought to administer 
their affairs, not with a view to our own advancement, but 
with a view to their advancement and profit. Such a policy 
is in accordance with the American spirit. The United 
States has always been the possessor of large regions of 
dependent territory, but it has never oppressed its depen- 
dencies, and has never regarded them as fields to be ex- 
ploited for the sole benefit of citizens at home. It has al- 
ways promoted the welfare of its wards and accorded to 
them as large a measure of self-government as was prac- 
ticable. This has been our policy in the past, is our avowed 
policy now, and will continue to be our policy as long as 
we are true to our best political instincts. 

QUESTIONS ON THE TEXT 

1. In what two respects does a Territory differ from a Dependency? 

2. To what extent has Congress power over Territories and Depen- 
dencies? How has it used this power? 

3. Name the Territories and Dependencies on the American Conti- 
nent. 

4. Describe the government of Arizona; of Indian ''Territory"; of 
the District of Columbia ; of Alaska ; of the Panama Canal Strip. 

5. Name the Insular Territories and Dependencies. 

6. Describe the government of Hawaii ; of Porto Eico ; of the Philip- 
pine Islands; of Guam and Samoa. 

7. Describe the attitude maintained by the United States toward its 
dependencies. 

SUGGESTIVE QUESTIONS AND EXERCISES 

1. Name the Territories properly so called ; name the Dependencies. 

2. Prepare a table showing the population and area of each of the 
Territories and Dependencies and give the totals. 

3. Name the Territories in the order in which they are likely to be 
admitted as States. 

4. Name the five Indian Tribes of Indian ' ' Territory. ' ' 

5. What does the Constitution say about Indians? 

6. Why was the capital of the United States placed under the exclu- 
sive control of Congress? 

7. Prepare a paper about the city of Washington, giving the munici- 

13 



194 THE AMERICAN GOVERNMENT 

pal history of the city, and describing its public buildings, its monu- 
ments, and its environs. 

8. What measures are usually taken by Congress for the admission 
of a Territory into the Union? (See p. 66.) 

Topics for Special TForfc.— The Territories: 2, 397-402. The Trans- 
marine Possessions: 2, 402-409. For a full account of our Territories 
and Dependencies see "Territories and Dependencies of the United 
States " by W. F. Willoughby. 



XXVI 

THE COUNTY 

The Importance of Local Government. Most of the every- 
day work of government rests upon the localities,— upon 
sities, villages, counties, townships. It requires about five 
times as much money to support local government as it 
does to support the State government. This means that 
the former renders about five times as much service as the 
latter. The federal government and the State government 
are far away; the local government is at one's back door 
and front door. The larger governments may act ineffi- 
ciently or corruptly without immediate inconvenience to 
the citizen, but if the local government neglects the roads 
and streets, or manages the schools unwisely, or wastes 
money, the results of its evil course are felt at once. Be- 
cause it touches one at so many points, and is so near to 
one, local government is a subject which may rightly 
demand a liberal share of our attention. We have already 
considered local government in its broad aspects, and in 
respect to its relations to the higher State government. 
We shall now study the organization of the several kinds 
of local government beginning with the county. 

The County in the South and Southwest. The county as 
a unit of local government is the most widely established 
of American political institutions. Excepting the inhabi- 
tants of the cities of Washington, St. Louis and Baltimore, 
everybody in the United States lives in a county, for every 
State and Territory is divided into counties. Altogether 
there are about three thousand counties in the United States. 

195 



196 THE AMERICAN GOVERNMENT 

County government in America had its origin in the 
colony of Virginia. Very early the settlers of Virginia felt 
the necessity of some kind of local government, and they 
chose the English shire or county as the form most suitable 
to prevailing conditions. 

The Virginia county was suitable to the civilization of 
the other southern colonies, and it was adopted by them 
as a unit of local government. Later, when the southwest- 
ern regions were organized, they were divided into counties 
of the Virginia type. That type, of course, has changed 
with changed conditions, and, since the county is a crea- 
tion of the State, the type varies from State to State, yet 
looking at the subject broadly we may say that the follow- 
ing States have modeled their counties on the Virginia 
plan: Maryland, West Virginia, North Carolina, South 
Carolina, Georgia, Florida, Alabama, Mississippi, Tennes- 
see, Kentucky, Louisiana, Arkansas, Texas, Colorado, Ore- 
gon, Oklahoma, New Mexico and Arizona. In these States 
practically all the services of local government are per- 
formed by the county, for, excepting the chartered munici- 
palities, there is no other local government in existence. It 
is true that in these States the county is usually divided into 
minor districts, into beats or wards or election precincts, or 
the like, but these divisions are simply convenient areas for 
voting or performing some public service regulated and con- 
trolled by county authority. In the States named above the 
county government, and it alone, is the agency through 
which the people outside of municipalities manage their local 
affairs, and in these States local government centers around 
the county court-house. 

The County of the Middle States and the West. Beginning 
with New York, New Jersey and Pennsylvania and pass- 
ing westward, keeping north of Mason's and Dixon's line 
(40th parallel of latitude), in nearly all the States there 
have been established within the county inferior local 
governments known as townships (p. 210). These town- 
ships perform many local services that in the South and 



THE COUNTY 197 

Southwest are performed by the county. The functions 
of the county government in the Middle States and in the 
West are therefore not so numerous as they are in the South 
and Southwest, and the county is not so highly organized. 
Moreover, in New York, and in several of the western 
States the governing body of the county— the county board 
of supervisors— consists not of representatives of the peo- 
ple, as in most States, but of representatives of the town- 
ships, a peculiarity of organization that will be noticed 
more fully in the chapter on townships. 

The County in New England. When we turn to New Eng- 
land we find that the county is not a very important factor 
in the business of local government. This is because of 
the presence of the "town." This characteristic institution 
of New England, as we shall see, takes to itself nearly the 
whole burden of local government and leaves little for the 
county to do. The county in New England exists princi- 
pally for judicial purposes— in Rhode Island it exists for 
no other purpose. Nevertheless, it has a few officers and 
exercises a few powers similar to those exercised by the 
county in other States. It has (except in Rhode Island) a 
board of county commissioners which has charge of the 
county buildings, controls the erection of those bridges which 
extend from one town to another, and manages other matters 
of an inter-town nature. There are also a county register of 
deeds, a high sheriff of the county, a county clerk of the 
court and a probate judge, but these are really a part of 
the judicial outfit. 

The Org^anization of a Typical County Government. Al- 
though county government differs as we go from State to 
State there is nevertheless a certain uniformity in the 
organization of counties throughout the Union. The official 
outfit of a typical countj^ is as follows :^ 

^ In no State has the county all these oflicors, yet every ofTioer 
mentioned in the list is a typical county official. 



198 THE AMERICAN GOVERNMENT 

I. The Board of County Commissioners or Supervisors.^ 
This is the governing body of the county. It consists 
usually of three or more members who serve for a term 
varying from one to six years. It holds its sessions at 
the county-seat, where all the county officials have offices. 
Like most of the other county officers the commissioners 
are elected by the people. The county commissioners usu- 
ally do the following things : 

(1) They fix the rate of taxation for the county. 

(2) They appoint tax assessors, tax collectors, road su- 
pervisors, and other subordinate officials. 

(3) They make contracts for repairing old roads and 
opening new ones, and also for building and repairing 
bridges. 

(4) They make contracts for building and repairing 
public buildings, such as court-houses, jails and alms- 
houses. 

(5) They appropriate money for the support of schools, 
for the support of the poor, for the payment of the salaries 
of county officers, for the maintenance of the roads, and 
for all necessary expenses of county government. 

(6) They represent the county when it is sued for dam- 
ages. (All local governments are corporations in some re- 
spect and can be brought into court to defend a suit as 
if they were persons.) 

II. The Sheriff. In England, anciently, the sheriff was 
the most powerful officer in the county. In modern times, 
however, his power is not so great either in England or 
in this country. Nevertheless, he is still an important 
officer. He has been called the "arm of the judge." If 
the judge orders a man to be taken to prison, or orders 
property to be sold, or sentences a man to be hanged, the 
sheriff executes the command. It is his duty also to pre- 
serve peace and order, and when necessary he may call 
to his aid deputies. In times of great danger or disturb- 

* Still called the county court in some of the Southern States; 
in several States it is called the levy court. 



THE COUNTY 199 

ance he may call to his aid the posse comitatus, which in- 
cludes every able-bodied man in the county (p. 253). The 
sherijff usually lives at the county-seat and has charge of 
the county jail and its prisoners. 

III. The Clerk of the Circuit, or District Court. Any 
court above a police court, or above that of a justice of 
the peace, is a "court of record"; that is, its proceedings 
are enrolled in permanent form. In every county there 
is a court of record, and the keeper of its records is the 
clerk of the court, or prothcmotary . This officer often keeps 
a record of deeds and mortgages given in the county, issues 
marriage certificates, and records all births and deaths. 

ly. The Probate Court — the Orphans' Court. It is the 
business of this court to examine the wills of deceased per- 
sons and decide whether they have been made as wills 
by law ought to be made. When a person dies without 
having made a will, and leaves no one to take charge of 
his estate, the probate court will appoint an administrator 
to take charge of it. When a child is left without father 
or mother, the probate court will appoint a guardian, who 
will manage the estate until the child comes of age. In 
general, the business of the probate court is to see that the 
property of the dead falls into rightful hands. In some 
States the probate court is called the orphans' court. In 
New York it is called the surrogate's court. 

V. The Recorder keeps a record of mortgages, deeds and 
leases. 

VI. Tax Collectors and Assessors (p. 282). 

VII. The County Treasurer pays out as well as receives 
all money raised by taxation. 

VIII. The Auditor. Sometimes the county elects an 
auditor, whose duty it is to examine the books of the 
treasurer and other officers and report whether the public 
accounts are properly and honestly kept. In some States 
he has a check upon payments from the county treasury. 

IX. The Coroner. Wlien a person is murdered, or is 
found dead, or dies mysteriously, this officer takes charge 



200 THE AMERICAN GOVERNMENT 

of the corpse and inquires at once into the cause of the 
deatk. If he thinks there has been foul play, he summons 
six or twelve men to act as a jury and holds a "coro- 
ner's inquest." Witnesses are summoned, and the jury, 
after hearing evidence, states the probable cause of the 
death. 

X. The State's Attorney is a lawyer whose duty is to 
give legal advice to county officers, and to appear in court 
at the trial of one who is charged with crime and present 
the side of the State. This officer is sometimes called a 
district attorney or prosecuting attorney; sometimes he 
is called the solicitor. 

XI. The School Board has the general management of 
the schools of the county. It regulates in whole or in 
part the salaries of teachers; it grants certificates to those 
who are competent to teach; it sometimes makes out the 
course of study that pupils are to pursue; it provides 
for the health and comfort of teachers and pupils. 

XII. The Superintendent of Schools is the executive 
officer of the school board. He sets the examinations for 
teachers, visits the different schools of the county, and 
reports their work to the school board ; he grades the work 
of the schools and devotes his time to improving them in 
every way he can (p. 354). 

XIII. The Overseers of the Poor attend to the needs of 
paupers and other unfortunates (p. 386). 

XIY. The Surveyor makes surveys of land when the 
county has need of such. 

The Gitizen and His County. Practically every American 
citizen is directly and closely interested in the adminis- 
tration of the affairs of some county, but citizens are by 
no means everywhere as watchful of their county govern- 
ment as they ought to be. They allow the management 
of county affairs to fall into the hands of a "court-house 
ring," and this too often means mismanagement and cor- 
ruption. Where the county government is bad roads are 



THE COUNTY 201 

bad, bridges are unsafe, schools are inefficient, crime is 
iinpnnished and taxes are high. 

County affairs are often neglected because they are re- 
garded as too commonplace for serious attention. The citi- 
zen in his interest in the greater affairs of the State and 
nation overlooks the small politics of the locality. Such 
oversight is one of the most dangerous errors of citizen- 
ship. The county is one of the political units which go 
to make up the State, just as the State is one of the units 
of which the nation is composed. Keep the government 
of all the counties pure and good and good government in 
State and nation will almost certainly follow. 

QUESTIONS ON THE TEXT 

1. Why is local government so important? 

2. Give an account of county government in colonial times. 

3. In what States does the county perform most of the services of 
government ? 

4. How does the county of the Middle and Western States differ from 
the southern county? 

5. Describe the New England county. 

6. Name the duties of the county commissioners. 

7. Name the typical county officers and name the duties of each. 

8. Why is the county government of great importance? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. What are the provisions in the constitution of this State relating 
to the government of counties? Do these provisions restrict the power 
of the legislature in reference to counties, or do they leave that body 
free to govern counties pretty much as it pleases? Can the legislature 
of this State pass special laws as to counties? 

2. How many counties in this State? Are their boundaries artificial 
or natural? Have their names any historical significance? 

3. Bound the county in Avhich you live and give its area and popu- 
lation. What is the distance of the county-seat from the most remote 
point in the county? In what year was this county organized? 

4. Prepare a list of the county officers of this State and compare 
it with the list given in the text. (In those States in which county is 
the predominant type of local government the two lists will probably 
resemble each other closely; in other States there may be a considerable 
difference between them.) 

5. State the powers of the county board of commissioners in this 
State. Is the board a legislative or an executive body? 



202 THE AMERICAN GOVERNMENT 

6. What are the constitutional provisions relating to the term of the 
several county officials, the manner of their election or appointment, 
and their salaries? 

7. Are the representatives in the legislature of this State appor- 
tioned by counties? If so, state the rule by which they are apportioned. 
Is the rule agreeable to the principle, ''so many people, so many repre- 
sentatives ? ' ^ 

8. Is this county well governed? State particulars. 

9. Of the functions of local government mentioned on p. 72 name 
those that are not exercised by county officials in this State. 

10. What is the name of the smaller political divisions into which 
counties in this State are divided? 

Topics for Special T^orfe.— General Characteristics of County Govern- 
ment: 18, 57-74. The County Board: 18, 75-94. The Sheriff, 18, 106- 



XXVII 
THE TOWN 

The Origin and Character of the Early New England Town. 

At the time when the planters of Virginia were organizing 
newly settled communities into counties, the colonists of 
New England were developing a system of local govern- 
ment that differed widely in form and spirit from the 
southern type. The English shire that served for the 
model for the Virginia county did not suit the conditions 
of the earliest Puritan settlements. The tillable land of 
the New England country was divided by nature into small 
areas marked off by bold hills and troublesome streams; 
the settlements were constantly harassed by Indians; the 
settlers themselves were bound together by personal as 
well as social and religious experiences. These circum- 
stances led the Puritans to build their houses as close to- 
gether as possible and to settle in compact villages rather 
than to spread out on large plantations. 

The form of government adopted for these thickly settled 
communities was one that had almost perished from the 
earth. The old town- (tun) or village-meeting (p. 17) that 
the Anglo-Saxons had brought with them to England a 
thousand years before and that had been so changed by 
the influences of feudalism that it was no longer recog- 
nizable, was revived, unconsciously perhaps, in its ancient 
form and vigor, and the town instead of the county was 
established. 

The early New England town was a pure democracy, in 

203 



204 THE AMERICAN GOVERNMENT 

which all the male adult inhabitants who attended church 
—and everybody was required by law to attend church- 
participated in the management of public affairs— a strong 
contrast to the Virginia county, which was for a long time 
a close corporation,^ and was practically an aristocracy 
of large land-holders. 

The deep religious nature of the Puritans affected their 
civil institutions, and for a long time their .religion and 
politics were completely blended. Political life in Vir- 
ginia centered around the county court-house; in New 
England it centered around the church or meeting-house, 
which was situated in the center of the town. A glance 
at the proceedings of one of the early town-meetings will 
illustrate how intimately civil and religious matters were 
mingled. Thus the people of Dorchester, Massachusetts, 
in town-meeting assembled, in 1666 voted that the "men's 
seats in the body of the meeting-house be enlarged to the 
women's seats, and that the space between Judge Jami- 
son's heirs and Lieut. Steam's pew be divided and added 
to their pews, they consenting, and that the doors to their 
pews be made to come out into the hind alley, and that 
men and women be placed in each of these pews by the 
committee for seating the meeting-house." In these days 
this would seem to be strange business for government to be 
engaged in, but we must remember that church and state 
were as yet united in all parts of the world, although 
Rhode Island, under the leadership of Roger Williams, was 
making efforts about this time to separate them. 

The town was chosen as an agency for local govern- 
ment throughout all New England, and under its stimulat- 
ing and healthful influence there was developed a citizen- 
ship that has received the admiration of the world. The 
religious features of the town organization and control 
have disappeared ; church membership is no longer a quali- 
fication for voting; citizens are no longer compelled to 

^ A close corporation is one in wMch vacancies are filled by the votes 
of the members of the corporation. 



THE TOWN 205 

attend divine worship ; the church and the minister are no 
longer supported by the public money. Excepting the fact 
that it is no longer concerned with matters of religion the 
New England town of to-day remains what it was in the 
early days. 

The Town-meeting. The central fact of local government 
in New England is the town-meeting, the old village moot 
or tungemot of the Teutons. Once a year all the qualified 
voters of the town meet together to discuss measures re- 
lating to town affairs, and to take action thereon. The 
meeting is no longer held in church, but in the town-house, 
or town-hall. When the people have assembled, the town 
clerk calls them to order, and states the purpose for which 
the meeting is called. A moderator is then chosen to 
preside over the meeting, and business proceeds according 
to parliamentary rules. In a town-meeting we see democ- 
racy in its purest form. Instead of sending men to con- 
duct affairs for them, as in a representative government, 
the people are there in person. Young and old, rich and 
poor, take part in the proceedings, and any citizen present 
may exert the full force of his character and influence. 
Every measure that is brought before the meeting is dis- 
cussed and criticized. Those in favor of the measure state 
their argument for it ; those opposed to it state their ob- 
jections. When the discussion is at an end a vote is taken, 
and whatever the results may be, all present feel that the 
will of the people has been expressed. Thus the town- 
meeting settles all matters relating to the public affairs of 
the town. The most important things done are these : 

(1) The rate of taxation is fixed. Money is appropriated 
for the schools, for the care of the roads, for the support 
of the poor, for the salaries of officers, and for other neces- 
sary expenses. 

(2) By -laws are passed for the regulation of local mat- 
ters. The word hy originally meant town; hence a by-law 
is a town law. A law passed in town-meeting forbidding 



206 THE AMERICAN GOVERNMENT 

the use of the sidewalks of the town for bicycling is an 
example of a by-law. 

(3) Town officers are elected. It would be impossible 
for all the people of a town to meet together every day for 
the transaction of public business. For this reason, at the 
annual town-meeting, officers are elected to manage the af- 
fairs of the town in the name of the people for one year. 

Town Officers: 

(1) The Selectmen. The general management of town 
affairs during the year is placed in the hands of three 
or five or seven or nine citizens, called selectmen. These 
officers carry into effect the measures passed at the town- 
meeting. They supervise the laying out of roads; they 
grant licenses ; they care for the poor ; they take measures 
to abate nuisances, check the advance of contagious dis- 
ease, and otherwise preserve the health of the town; they 
listen to complaints against the management of town af- 
fairs ; they represent the town in court when it is sued ; 
they make out the warrant when a special town-meeting 
is to be called. The town-meeting is the legislature of 
the town, and the selectmen are its chief executive officers. 

(2) The Town Clerk. This officer has numerous duties. 
We have seen that it is he who calls the town-meeting to 
order. Tie must always be present at a town-meeting, and 
keep a record of the proceedings. In addition to this he 
keeps a record of the births, marriages and deaths in the 
town, and grants certificates to those wishing to marry. 
In fact, most matters of town record are in his keeping, 
including sometimes the recording of deeds and convey- 
ances. 

(3) Assessors (p. 282). 

(4) Tax Collectors (p. 284). 

(5) A Town Treasurer. 

(6) Overseers of the Poor. These officers have charge 
of the town almshouse and give relief to the deserving 
poor. 



THE TOWN 207 

(7) The School Committee y^ or Board of Education. 
(p. 354). 

(8) Constables. These are peace officers, and every town 
has one or more of them. They arrest for crime, and assist 
the selectmen in executing the law. In some towns the 
constable serves as tax collector. 

(9) Surveyors of Highways. These officers inspect roads 
and bridges, and are responsible for keeping them in repair. 

(10) Fence Viewers. These officers settle disputes that 
may arise between neighbors about partition fences or 
walls. 

(11) Field Drivers. When cows or horses or other ani- 
mals are found wandering about the town the field driver 
puts them into a pound, and keeps them until their right- 
ful owner is found. 

This list of officers is not complete ; yet it is long enough 
to show that a great many people take part in the gov- 
ernment of a town. It is quite possible that there are towns 
in which there is not one intelligent citizen of advanced 
years who has not at some time in his life held public 
office. It is this general participation in the business of 
government that makes the people of New England such 
a wide-awake and progressive body of citizens. 

The Town as a Factor in the Civic Life in New England. 

It is difficult for one not residing in New England to under- 
stand how powerfully its system of local government in- 
fluences its civic life. Every voter of a town is a hiw- 
maker, and almost every one either has been, is, or very 
reasonably expects to be, a town officer of some kind. 
This direct contact with government keeps public spirit 
keyed up to a high pitch. If the town affairs during the 
year are managed unwisely or corruptly there is sure 
to be a speedy exposure in town-meeting by merciless 

^ In many towns a school committee manages the schools of a district, 
which forms only a part of the town. When this is the case school 
affairs are separated from town affairs. 



208 THE AMERICAN GOVERNMENT 

critics. If improvements are needed, or if tlie town lags 
behind its neighbors in progressiveness, the discussions 
in the folkmoot are sure to be directed towards a remedy, 
and when a remedy is found it usually proves to be wise 
and effective. The keen, vigilant citizenship fostered by 
these little New England democracies awakened the ad- 
miration of Thomas Jefferson and led him to pronounce 
them to be the ''wisest invention ever devised by the wit 
of men for the perfect exercise of self-government and for 
its preservation." 

Town Government outside of New England. In those 
Western States which were settled largely by emigrants 
from New England local government is modeled to some 
degree on the plan of the New England town. This is es- 
pecially true of Michigan, Illinois, Wisconsin, Minnesota, 
North Dakota, South Dakota and Nebraska. In Michigan 
the voters of the townships, after electing the local officers, 
assemble in town-meeting and after voting the taxes for 
township purposes make regulations concerning such mat- 
ters as the licensing of dogs, the vaccination of children, 
the purchase of books for the library. In certain parts 
of Illinois also the voters hold a town-meeting after the elec- 
tion of officers has been held. 

The town-meetings of the Western States may resem- 
ble the New England town-meeting in form, but they lack 
the spirit of the original type. It is doubtful whether an 
institution like the New England town can be successfully 
transplanted. Certainly the efforts that have been made 
to establish local governments in the West after the New 
England pattern have not been attended with marked suc- 
cess. Local government in the West has been strongly in- 
fluenced by New England ideas, but town government in 
its pure form has never flourished outside of New England. 

QUESTIONS 01^ THE TEXT 

1. What eireumstances led the Puritan settlers to choose a form of 
local government different from that chosen by the Virginians? 



THE TOWN 209 

2. Describe the early New England town. 

3. Illustrate how the affairs of church and state were blended in the 
early days of New England history. 

4. Describe a New England town-meeting. 

5. What are the powers of a New England town? 

6. Name the officers of the New England town and state their 
duties. 

7. What influence does town government have upon civic life in New 
England? 

8. To what extent has town government of the New England type 
been adopted in other States? 

SUGGESTIVE QUESTIONS AND EXEECISES 

(for students in new ENGLAND) 

1. Examine the constitution of your State for provisions respecting 
the government of towns and state these provisions. 

2. Of the services of local government mentioned on page 72, which 
are performed by your town government? 

3. Bound the town in which you live and tell when it was orga- 
nized. Name all the towns in the county in which you live. Have 
these names historical interest? Name the boroughs or cities, if any, 
located within the borders of your town. 

4. Make out a list of the officers of your town. Which one of these 
plays a most important part in town government? (Elect a committee 
to wait upon some town officer and invite him to give the class a talk 
upon town government.) 

5. How may a special town meeting be called? 

6. What influences are at work to make town government a less 
important feature of New England life than it has been in the past? 

7. How many representatives has your town in the legislature? Has 
this apportionment been made according to the population of the 
town? 

8. Is the town meeting a legislative or an executive body? 

9. Are women and children represented in town government? 

10. In what matters does the government of your town excel? In 
what respect is your town excelled by its neighbors? 

11. How many towns in this State? • What is the population of the 
largest town? of the smallest to^vn? Is the largest too large for a 
pure democracy? Is the smallest too small for self-government? 

Topies for Special TForfc.— New England Towns: 18, 141-14G. The 
Town Meeting: 18, 147-163. 



XXYIII 

THE TOWNSHIP 

The County-township System. We have learned that in 
the Middle States and in most of the States in the West 
the county shares the business of local government with 
a minor civil division known as the township.^ The pres- 
ence of townships in the county results in a compromise 
system of local government often called the county-town- 
ship system. Under this system the county government 
attends to those affairs which interest the whole body of 
the people of the county, while the township administers the 
aff'airs of a small area. The township, like the New Eng- 
land town, provides a government for a neighborhood. 

The Two Types of the County-township System. County- 
township government has had two sources, and has devel- 
oped into two distinct types — the New York type and the 
Pennsylvania type. In New York, as in New England, 
small self-governing communities known as towns (town- 
ships) appeared at a very early date in the history of the 
colony. These towns had their town-meetings and elected 
a full set of officers, but their powers were at no time 
so great as those of the New England town. In 1703 the 
colonial assembly of New York passed a law that has had 
far-reaching influence upon local government in the United 
States. This law provided for the annual election by each 
township of an officer to be known as the supervisor of 

^ In Delaware, townships are called hundreds, a name that has come 
down from the Anglo-Saxon period of English history. 

210 



THE TOWNSHIP 211 

the township, and further provided that the supervisors 
of the several townships should meet at the county-seat 
as a Board of County Supervisors (p. 197). Here was 
a reproduction of the old hundred-village system of early 
England, when the representatives of the village met in 
shire moot (p. 18). Following this law of 1703, there have 
been evolved in New York strongly democratic local gov- 
ernments of small area, conveniently classed as townships, 
and along with these a strong county government, whose 
chief administrative body— the Board of County Super- 
visors—consists of representatives of townships. Villages 
and the wards of cities are also represented on the board of 
county supervisors. This type of the county-township sys- 
tem, known as the supervisor plan, has served as the pat- 
tern for local government in those new States that were 
settled largely by emigrants from New York. This is true 
of Michigan, Illinois and Wisconsin. 

In the early days of Pennsylvania the prevailing form of 
local government was the county organized on the Virginia 
plan. Gradually the officers of the county came to be 
elected by the people, and when the township made its 
appearance the county was too strong to suffer encroach- 
ments upon its organization. It retained its board of 
county commissioners elected by the people of the county. 
Thus the townships in Pennsylvania were not allowed to 
conduct the business of the county through their repre- 
sentatives, as in New York. Moreover, the people of the 
townships in Pennsylvania did not hold their annual town- 
meetings and participate directly in the management of 
their local affairs, as in New York ; they elected their local 
officers annually, and with the act of election their power 
was at an end. In other words, the township in Pennsyl- 
vania was a representative government. 

The county-township system of Pennsylvania naturally 
spread to Ohio, and thence to Indiana. Later it was 
adopted by Iowa, Kansas, Missoui'i, Nebraska, North Da- 
kota, South Dakota, and Oklahoma. 



212 THE AMERICAN GOVERNMENT 

Local government in Illinois has had an instructive 
experience. When this State was admitted into the 
Union its people were largely of Southern origin and, 
consequently, local government of the pure county 
type was established. As time went on, the northern 
part of the State filled up with people from the North. 
These desired the county-township plan, and in 1848 
the new constitution gave the people of the county 
the right to determine whether they wished townships 
or not. Taking advantage of this right, more than 
five sixths of the counties of Illinois have decided 
for townships, and are now under the county-township 
system. 

Michigan furnishes another excellent illustration of how 
the character and habits of the people influence the form 
of government. In Michigan, at first, the county-township 
system of the Pennsylvania kind was established, but as 
emigrants from New York and New England moved into 
the State and changed the character of the population, the 
people became more and more dissatisfied with their local 
government, and finally changed it to the supervisor or 
New York plan. Such experiences teach that local gov- 
ernment must above all things be acceptable to the people 
who are immediately affected by it and who must person- 
ally conduct it. 

The Powers of the Township. Why have so many States 
found it desirable to erect within the county another fully 
organized government? Because the township has been 
found to be an institution of great convenience. For a 
sparsely settled society the county is, perhaps, the only 
practicable form of government; but as population in- 
creases the needs of the neighborhood multiply, and many 
of these needs are such as can be attended to by the peo- 
ple directly interested if they only have the power granted 
to them. It is not necessary to travel twenty miles to 
the county-seat to see an officer about the repair of a wash- 



THE TOWNSHIP 213 

out in a road, or about the purchase of a stove for a 
school-house, when we can have a government near at hand 
to attend to such things. The township has been intro- 
duced as an agency by which the needs of the immediate 
locality may be attended to. 

Especially has the public school been a factor in the 
development of the township system. Local government 
in the South developed around a court-house, and in New 
England around a church ; in the Middle States and in the 
West it developed around a school-house. Then, too, the 
care of the roads, and the support of the poor are services 
that may most conveniently be rendered by the government 
of the neighborhood. 

The powers of the township vary slightly in the differ- 
ent States, but as a rule where the county-township system 
prevails the township (1) supports the public schools, 
(2) cares for the roads and (3) helps the poor, leaving 
other matters of local government to the county. The 
taxes necessary for doing these things are levied by town- 
ship authority. 

The Organization of the Township. The names of the 
officers of the township are not the same in all the States, 
but its organization is practically the same and may be in- 
dicated as follows: 

1. The Supervisors (sometimes called Trustees) resem- 
ble the selectmen of the New England town, only their 
powers are not so great. Their duty is to take care of the 
roads and bridges, erect and keep in repair guide-posts 
and watering-troughs, and plant shade trees along the 
roadside. They may build and keep in repair a town house, 
in which elections may be held and officers of the town 
may transact the public business. 

2. School Directors or School Trustees have control of 
the public schools within the township. In some States 
the directors of all the townships in a county meet every 
second or third year and elect a. superintendent of schools 



214 THE AMEEICAN GOVERNMENT 

for the county; in other States the township supervisor or 
trustees are also the school directors. 

3. The Township Clerk keeps the records and accounts 
of the township. 

4. The Assessors. 

5. The Tax Collector. 

6. The Auditors. These officers examine the accounts 
of the township to see that all money has been properly 
and honestly expended. 

7. The Justice of the Peace. 

8. The Constable. 

9. Overseers of the Poor. 
10. Election Officers (p. 345). 

The Township a School for Good Citizenship. When we 

consider that in some of the States there are as many as 
fifteen hundred townships officered perhaps by fifteen thou- 
sand citizens we can see how great is the influence of the 
little local governments upon the civic life of the State. 
Like the New England town, the township is the training- 
school where citizens learn the principles of civil liberty 
and the art of self-government. Thus while it might be 
possible to dispense with the township yet to do so would, 
be to incur a heavy political loss. There is no likelihood, 
however, that this valuable institution will decay. The 
township is making its way into many States that have 
heretofore adhered to the pure county system. As the rural 
population in a State becomes denser the necessity of a 
government of smaller area than the county will always 
be keenly felt, and sooner or later such a government will 
be established. Among the various types that may be se- 
lected the township bids fair to remain the favorite. A 
high authority says : ''The Western method of local govern- 
ment (the county-township system) for simplicity, sym- 
metry, flexibility and administrative efficiency is superior 
to any other system which the Teuton mind has yet pro- 
duced." {Howard.) 



THE TOWNSHIP 215 

QUESTIONS ON THE TEXT 

1. What is meant by the county-township system? 

2. Name the two types of the county-township system and describe 
each. 

3. Name the States that have the New York type of the county- 
township system; the States that have the Pennsylvania type. 

4. Give an account of the development of local government in Illi- 
nois; in Michigan. 

5. What are the usual functions of the township? 

6. Name the typical township ofi&cers and state the duties of each. 

7. Describe the effect that township government has upon civic life. 

SUGGESTIVE QUESTIONS AND EXERCISES 
(for students where the county-townships system prevails) 

1. What is said in the constitution of this State concerning the or- 
ganization and powers of townships? 

2. Name the officers of this township. What are the duties of each 
©f these officers? For what length of term does each one serve? 

3. Do townships of this State belong to the Pennsylvania or to the 
New York type? 

4. What functions does the township in this State perform? Would 
it be wise to give it more power? Why? 

5. How many townships in this county? Name them. Bound the 
one in which you live. 

6. Are there any villages or towns within this township? If any, 
how are they governed? (p. 218.) 

7. May women vote for township officers in this State? May they 
serve as township officers? For what offices are women especially 
fitted? 

8. Compare the merits of the supervisoi* plan with those of the com- 
missioner plan. 

9. Are the people of this township proud of the manner in which 
local affairs are conducted? If so, why? If not, why not? 

10, Compute the number of township officers in this county. Esti- 
mate the number of such offices in the entire State. Describe the effect 
that would be produced upon the citizenship of the State if the town- 
ship government were abolished. 

11. Is a love of locality inconsistent with love of country? 

Topics for Special TForZi;.— Townships in the Central States: 18, 164- 
185. 



XXIX 

MUNICIPALITIES 

The Necessity for Municipal Incorporations. Thus far 
we have described those forms of local government that are 
most efficient when administering to the needs of rural 
and sparsely settled communities. For thickly settled 
communities, for the thousands of villages and towns ^ and 
cities which have sprung up within the boundaries of 
counties and towns and townships, a distinct type of local 
government is provided. It is plain that a large number 
of people living closely together, say a thousand persons 
upon a square mile of territory, has special needs and, 
therefore, should have a government with special powers. 
Such a densely settled community needs street-lights, side- 
walks, sewers, waterworks, fire engines, and the govern- 
ment of the township, or county or town within which it 
is located cannot furnish these things conveniently. It 
also needs special officers of government clothed with 
special powers. As long as it is governed precisely as the 
thinly settled region around it, it will suffer. Its taxes 
will be greater than the benefits which it receives in return ; 
its citizens will often act without regard to the public 
welfare or comfort; its sidewalks will be unpaved, its 
streets will be unlighted ; its offenses against the health and 
the peace and the good order of the community will be 

^ The word ' ' town ' ' is frequently used to denote simply a collection 
of houses and in this sense it is used here. The New England town is 
sometimes a purely agricultural area without so much as a considerable 
cluster of houses within its borders. 

216 



MUNICIPALITIES 217 

committed, and there will be neither law nor officers to 
hinder. The State, as we have seen, comes to the relief 
of such a community and confers upon it the privilege of 
a municipal corporation. Nearly one half of the people 
of the United States live under some form of municipal 
government. 

The Two Classes of Municipalities. Municipal corpora- 
tions, for convenience of treatment, may be divided into 
two classes. In the first class may be included all those 
chartered communities that have a simple form of or- 
ganization, limited local powers, and a small popula- 
tion, although population of itself is an untrustwor- 
thy guide for their classification. Such communities bear 
different names in different parts of the country. In 
Connecticut, New Jersey and Pennsylvania they are 
called boroughs. In the Southern States they are gener- 
ally called toivns,'^ while in the West they are usually 
known as villages. The number of municipalities of this 
class in the United States is considerably more than ten 
thousand. 

The second class of municipalities is the cities. A city 
is almost always an enlarged town or village, and in out- 
ward appearance it is sometimes difficult to distinguish 
a small city from a large town, although between the gov- 
ernments of the two there is a sharp difference. The gov- 
ernment of the city is more complex than that of the town, 
its powers are greater, its officers are more numerous, and 
its local independence is more clearly defined. At what 
point in its growth a town or village shall cast off its 
simple organization and assume the dignity of cityhood 
depends upon State law. In many States a place must have 
ten thousand or more inhabitants before it is entitled to the 
privileges of a city, while in other States we find cities with 
less than three thousand inhabitants. Altogether there are 
in the United States about one thousand cities. 
^ In Indiana tliej are called towns. 



218 THE AMERICAN GOVERNMENT 

Villages, Boroughs, Towns. It is customary to give a com- 
munity a municipal charter whenever its population be- 
comes large enough and dense enough to justify a separate 
organization. In many States when a district of less than 
a square mile in extent comes to have as many as three 
hundred inhabitants it is entitled under a general law 
to a village or town charter, and this it usually obtains 
from a judge of a court, or from a secretary of state. 
In a few States, however, there are no general laws in 
reference to municipal corporations, and in these the legis- 
lature grants special charters giving to each municipality 
such a charter as it (the legislature) thinks it ought to 
have. 

The organization and powers of a village (or town, or 
borough) do not differ widely in the different States. Most 
of the officers are elected by the voters of the village. The 
governing body consists of a president, or mayor, or chief 
burgess, and a body of three or more trustees or burgesses 
or commissioners. In addition to these there is always a 
clerk, and frequently a treasurer, tax collector, a constable, 
a justice of the peace and a board of street commissioners. 
The village government usually renders the following ser- 
vices : 

(1) It keeps the peace. 

(2) It holds a court for the trial of minor civil and 
criminal cases. 

(3) It keeps the streets in order and provides good side- 
walks. 

(4) It lights the streets. 

(5) It furnishes a supply of water. 

(6) It supports the public schools. 

(7) It cares for the public health. 

(8) It purchases apparatus for the extinguishing of fires. 

The Organization of Cities. Since cities are controlled by 
the State legislature there are not only great differences in 
their organization in different parts of the Union, but even 



MUNICIPALITIES ' 219 

in the same State it is sometimes impossible to find two 
cities with the same form of government. It is difficult, 
therefore, to give a general description of a city that is 
satisfactory. If a certain city be selected as a type and 
described, it may be that by the time the description ap- 
pears in print the city will have an entirely new govern- 
ment, and one that is in no wise typical, for a city to- 
day may have a government in which power is distributed 
among a number of officials after the manner of a State 
government (p. 170) and to-morrow its charter may be 
changed and all executive power be placed in the hands 
of one man. 

Notwithstanding this diversity and instability, m.ost of our 
cities in the outlines of their organization follow the historic 
type : most of them have a legislature v/hich generally bears 
the name of city council, and most of them have an executive 
department at the head of which stands a mayor. 

I. The City Council. This body is the original govern- 
ing body of the city. In recent years it has undergone 
many changes, and at present both its form or organization 
and its powers are as variable as the temper of legislatures, 
or as the theories of municipal reformers. 

The following statements in reference to the organization 
of the city council apply to most cities : 

(1) It is a representative body, its members being elected 
from municipal divisions called ivards. 

(2) In large cities it consists of two divisions or houses, 
sometimes called the first and second branches, sometimes 
the board of aldermen and the board of couneilmen. In 
a few large cities the council consists of a single body. 

(3) The term of office of a councilman may be as short 
as one year, but is never longer than four years. 

(1) The members of the lower branch have a shorter 
term of office than those of the upper branch. 



220 THE AMERICAN GOVERNMENT 

(5) The upper branch is considerably smaller than the 
lower branch. 

The council as the legislature of the city regulates the 
almost innumerable activities of the city government. A 
persual of its proceedings as reported in the daily news- 
paper will show how closely its actions are connected with 
the daily life of the urban resident. Its laws, called 
ordinances, affect profoundly the health, safety, peace, 
comfort, prosperity, intelligence and morality of the city. 

II. The Mayor. The organization of the excutive de- 
partment of the city resembles that of the State. At the 
head is the mayor elected by the people for a term varying 
from one to four years. The powers and duties of the 
mayor within the city are comparable to those of the 
governor within the State. There is a tendency just at 
present to place in the mayor's hands far greater power than 
he has ever heretofore possessed. The supremacy that is 
generally supposed to belong to legislative bodies is passing 
from the council and is being lodged with the executive. 

The most noticeable loss of power wMch the council suffers where the 
policy of a strong mayoralty prevails is connected with the all-important 
subject of taxation. It has long been the custom for the charter or a 
special law of the State legislature to state the kind of taxes a city may 
raise, and to name a rate beyond which it may not go (p. 286), but 
within these limitations municipal taxation has always been entrusted 
to the council. Under several recent charters the taxing power has been 
virtually taken from the council and bestowed upon the mayor. This 
has been done by creating a Board of Estimates of which the mayor is 
a member and over which he may exert a controlling influence if he 
chooses, for he appoints a majority of the members. This board makes 
estimates of the money that is required to conduct the city government 
and submits these to the city council. The council may lower the esti- 
mates but it cannot exceed them. This is a plain encroachment of the 
executive upon the legislative department; it gives to the board the 
positive power of making the law in reference to taxation and leaves to 
the council a negative power that may be compared to the veto. 

III. Municipal Executive Departments. Associated 
with the mayor in the executive branch there are numerous 



MUNICIPALITIES 221 

heads of (departments and boards. Some of these are 
elected by the people, others are appointed by the mayor; 
in a few States some of them (for example, the police and 
health commissioners) are appointed by the governor, or 
by the State legislature. Serving under these chiefs and 
boards are assistants and employees, the number of whom 
increases with the size of the city, and sometimes consists 
of many thousands. A well organized city will usually 
have such departments and officers and boards as are in- 
dicated by the following outline: 

(1) Department of Finance: comptroller, board of esti- 
mates, collector of taxes. 

(2) Department of law: city solicitor, or attorney. 

(3) Department of Public Safety: board of fire commis- 
sioners, commissioner of health, inspector of buildings, 
commissioner of streets. 

(4) Department of Public Improvement: city engineer, 
water board, inspector of boilers. 

(5) Department of Parks and Squares: board of park 
commissioners. 

(6) Department of Education: board of school com- 
missioners. 

(7) Department of Charities and Correction: trustees of 
the poor, supervisors of city charities. 

(8) Department of Taxes and Assessment : court of taxes 
and assessment. 

(9) Board of Police Commissioners. 

(10) Miscellaneous i city librarian, superintendent of 
lamps and lighting, surveyor, constables, superintendent of 
public buildings, public printer. 

IV. City Courts. In every large city there is a system 
of courts extending from the police or magistrate court 
up to a supreme court, but the judges of these courts, al- 
though they may be elected by the people of the city, are 
not strictly officers of the municipal government. Justice 
is administered in the name of the State, and the judicial 
department of a city is merely a portion of the State ju- 



222 THE AMERICAN GOVERNMENT 

diciary acting within the borders of the city. Appeals 
from courts of the city are taken to the supreme court of 
the State. 

The ''Commission'' System of Municipal Government. In 

some of the cities of some of the States much of the elaborate 
machinery described above has been done away with and the 
''commission" system adopted. Under this system the en- 
tire responsibility for the government of the city is centered 
in a small group of men, usually five in number. One mem- 
ber of the commission (council) is the mayor. In the govern- 
ing of the city there is no separation of the executive from 
the legislative power; the mayor and the other members of 
the commission act together both in the making of ordinances 
and in the execution of them. In the election of the com- 
mission ward lines are disregarded — each member being 
voted for by the city at large. This system has been adopted 
by Houston, Texas, Des Moines, Iowa, Haverhill, Mas- 
sachusetts, and in many other important cities. 

The Sphere of Municipal Activity. In the early days of 
onr history the powers granted by a charter were such as 
v^ere necessary to satisfy special local needs and these 
referred chiefly to the preservation of law and order. As 
the cities grew larger it became necessary for municipal gov- 
ernment to render additional services. When it was learned 
that as an agency for the suppression of crime one street 
lamp was worth two policemen, cities generally undertook the 
business of street lighting, and when it was discovered that 
an engine for the extinguishment of fire was worth many 
times its cost, they began to purchase fire engines and other 
apparatus for the volunteer fire department. 

During the last fifty years the percentage of our urban 
population has grown with astonishing rapidity, and with 
the increase in the number and size of cities municipal 
government has become more and more complex, and the 
range of municipal activity has widened. It would be 



MUNICIPALITIES 223 

difficult to enumerate all the things done by a progressive 
municipality of to-day. The city government furnishes 
police protection, supports fire brigades, provides water 
supplies, lights the streets with gas or electricity, and paves 
and cleans them, constructs sewers, helps the poor and unfor- 
tunate, maintains a system of elementary and high schools, 
preserves the public health, abates nuisances, inspects food, 
removes garbage, supports parks, libraries, hospitals, ceme- 
teries, fosters music and literature and art, provides and 
equips playgrounds for children, and does a score of other 
things that would have amazed our forefathers. 

QUESTIONS ON THE TEXT 

1. Under what circumstances does government under a municipal in- 
corporation become necessary? 

2. Into what two classes may municipal incorporations be divided? 

3. Describe the organization of the village or borough. What are 
the services of municipalities* of this class? 

4. Why is it quite impossible to give a satisfactory general descrip- 
tion of the government of a city? 

5. Give an account of the organization and power of the city council. 

6. What are the powers and duties of the mayor? 

7. Name the usual municipal executive departments. 

8. What is the relation of the city courts to the municipality? 

9. Describe the ' ' Commission ' ' System. 

10. What are some of the things done by the modern municipality? 

SUGGESTIVE QUESTIONS AND EXERCISES 
(for students in the smaller municipalities) 

I 

1. Secure, if possible, a copy of your municipal charter and learn 
the boundaries, the titles of the officers, and the powers of your muni- 
cipality. 

2. Secure the names of the officers who are now servino^ in the 
offices of your town. Which of these are serving without pay? 

3. What can you say of the condition of the streets of your town? 
of the efficiency of your fire department? of the efficiency of your police 
department? of the success of your school system? 

4. Look around you and discover something that you as pupils may 
do to improve your town. (Let each student mention one thing.) 

5. You have discovered a few things which you as students may do 



224 THE AMERICAN GOVERNMENT 

for the betterment of town affairs. Now organize as a civic club and 
set about doing these things. 

6. Would you vote for a town officer regardless of the political party 
to which he belongs? Give reasons for your answer. 

7. Name all the chartered municipalities situated in the county in 
which you live. 

8. To what extent is your town under county government? 

II 

(foe students living in cities) 

1. Compare the organization of your city with the one outlined in 
the text. As your city increases in population what changes will have 
to be made in its government? 

2. What is the length of the mayor 's term of office ? What is his 
salary? What officers and boards does he appoint? 

3. Describe the organization of your city council. What is the 
method of representation in this council? Do you know the name of 
the person who represents your ward in the council? Bound the ward 
in which you live. 

4. (See exercise 5 above, substituting **city'' for ''town. *') 

5. (See suggestion 6 above.) 

6. A citizen of a city said: ''I always vote at State and national 
elections, but I never vote at municipal elections. ' ' In what particular 
was this citizen neglecting his personal interest? What special quali- 
ties of citizenship are necessary in a city? 

7. Make out a list of the services performed by the national, State 
and mimicipal governments respectively. 

8. Name a few of the influences that make for bad city govern- 
ment. Can any of these be overcome? 

9. What agencies are now at work in your city for the improvement 
of its government? 

Topics for Special TForfc.— The City Council: 14, 137-176. The City 
Beautiful: 15, 239-248. The City for the People: 15, 280-299. Popu- 
lar Responsibility: 17, 244-274. Civic Education: 17, 91-120. Home 
Rule for Cities: 30, 336-344. The ''Commission" System: 30, 356- 
360. The City the Battle-Ground of Democracy: 30, 503-506. 



XXX 

PARTY ORGANIZATION 

The Nomination of Candidates. One of the most important 
of the services performed by a political party is to nom- 
inate candidates for office. A person may announce him- 
self as a candidate and secure votes for himself without 
being named as the candidate of a party, but it seldom 
happens that any one is elected to an important office in 
this way. Before one can hope for success at the polls 
one must first receive the endorsement of a political party. 
A nomination by a party is an announcement to voters 
from a responsible source that the candidate named pos- 
sesses personal fitness for the office to which he aspires, 
and that his political views agree with the doctrines pro- 
fessed by the party. In a great democracy intelligent 
voting is almost impossible unless candidates are agreed 
upon before election day. 

The Development of Party Organization. A history of 
presidential elections would be a history of party organiza- 
tion. The early presidential elections were conducted 
without the aid of elaborate party machinery. In 1804: the 
democratic members of Congress assembled as a caucus 
and nominated a candidate for the presidency. In making 
this nomination they acted as private citizens and not, of 
course, as members of Congress. Presidential candidates 
continued to be named by the congressional caucus for 
several elections, although dissatisfaction with the method 
soon began to show itself. The people were not content 

15 5225 



226 THE AMERICAN GOVERNMENT 

that their candidate for the presidency should be named 
by members of Congress, and they soon began to clamor 
for the privilege of making their o-wn nominations. In 
1823 the people of Blount County, Tennessee, at a mass 
meeting nominated Andrew Jackson for President. From 
this time on nominating influences began at the bottom 
instead of at the top. Mass meetings, State legislatures and 
State conventions began to express their views as to presi- 
dential candidates, and by 1832 the congressional caucus 
had disappeared and a national convention consisting of 
party delegates from all the States had begun to name 
the party candidate for President and Vice-President. 

Along with the popular method of naming the presiden- 
tial candidates there was established the custom of elect- 
ing the presidential electors by the direct vote of the peo- 
ple. At the beginning of the nineteenth century, in a 
majority of the States, the electors were chosen by the 
legislature, but by 1832 all the States but one (South Caro- 
lina) were electing the electors by a popular vote. This 
change was made necessary by the requirements of party 
organization. If a presidential election was to be a party 
affair and a popular affair, the party must not only name 
the presidential candidates, but it must also elect the 
electors who were to choose the President. 

Thus party organization in the United States was built 
up while men were finding a way to nominate a candidate 
for the presidency, and the presidential nomination is still 
the central subject of party activity. Since this is so, 
we may most conveniently study the subject of party or- 
ganization by following the workings of a party in a presi- 
dential year. 

Permanent Party Organization. The work of a political 
party does not end on election night when the ballots have 
been counted. The life of a party must be supported from 
one election to the next, and this is done by means of a 
permanent organization, which is maintained throughout 



PAETY ORGANIZATION 227 

the length and breadth of the land. In almost every town- 
ship, village, election district, and city ward, each of the 
great parties has its permanent local committee of manage- 
ment. Likewise it has its permanent county, city and State 
committees. Above all these it has a permanent National 
Committee^ consisting of one member from each of the 
States and Territories. 

These permanent committees do the heavy work of poli- 
tics. Indeed, they do all the work of politics except voting. 
They issue calls for the nominating conventions to be de- 
scribed below; they organize political clubs; they arrange 
for political mass meetings and processions; they solicit 
funds for conducting campaigns; they urge voters to be 
registered, and then urge them to come to the polls; in 
many other ways they promote and defend the interests 
of the party, through good and ill report, after defeat 
as well as after success. 

The members of these party committees are generally 
experienced politicians, and they know how to organize 
and control men. They are skillful in determining what 
the rank and file of the party desire, and they are quick 
to respond to the commands of public opinion. Their 
services are generally performed without compensation. 
In many instances, however, in the event of party success, 
they expect either to hold office themselves or to assist 
their friends to office, or to profit personally in some other 
way. 

Party Conventions. The chief work of the permanent com- 
mittees is to keep the nominating machinery in motion. 
This consists of a series of party conventions which in a 
presidential year are all called into action. These conven- 
tions, beginning with the lowest of the series, will now be 
described : 

I. The Primary. In the spring of a presidential year 
the permanent local committees of the lowest grade, in 
response to an order which has come down to them through 



228 THE A]\IERICAN GOVERNMENT 

the State committee from the National Committee, call 
together the voters of the party within the town or elec- 
tion precinct or ward to confer and act upon party mat- 
ters—especially upon matters relating to the nomination 
of a candidate for President— in a primary meeting.^ At 
the primary two things at least are likely to be done: (1) 
the permanent local committee is either reelected, or a new 
one is chosen, and (2) delegates to a county (or city) con- 
vention are elected. 

These primary meetings are quite in the nature of pure 
democracies. Sometimes they are held in a hall and are so 
conducted that any voter, in addition to voting, may ex- 
press his opinion in discussion. They are the meetings 
where the voting masses of the party have a direct voice 
in the management of the party's affairs. They can be con- 
trolled by the voters of the party, and if they are controlled 
by the party managers (the permanent committee) it is 
the fault of the voters. 

After the people have expressed themselves at the pri- 
maries they have nothing further to do with party man- 
agement. Everything henceforth is in the hands of the 
delegates and managers chosen in the primaries. It is 
only natural that the permanent organization should seek 
to control the primaries, for if they can do this they can 
name the delegates to the higher conventions, and thus 
control the nominations for all the higher offices, and can 
secure for themselves and friends appointments to office. 
If the voters of a party do not like the nominations which 
are made they can, of course, vote against the candidates 
at the polls, but voters are loath to do this. It seems to 
be much easier to neglect one's duties at the primaries 
than it is to rebuke the party management on election 
day. 

The primary, like the entire party organization, be it 
remembered, is an extraAegal, voluntary institution. It 
is controlled by rules made by party managers, and whe- 
^ Sometimes called a caucus. 



PARTY ORGANIZATION 229 

ther it is conducted honestly or otherwise is not an affair 
of the government. If at the primary election there is 
cheating or irregularities no one can be punished. 

Several States are now making the experiment of placing 
primaries under control of the law and having them con- 
ducted as regularly and as honestly as other elections 
p. 345) are conducted. It will be the part of good citizen- 
ship to give these primary election laws the heartiest sup- 
port, for the primaries are the springs in which the great 
stream of poUtics rises, and that stream will be pure or 
impure according as the source is pure or impure. 

II. The County (or City) Convention. We left the pri- 
mary sending delegates to the county convention in a 
presidential year. These delegates may be instructed at 
the primary to act in the interest of a certain man as the 
party candidate for President, and to support certain po- 
litical measures, or they may go to the convention free 
to act as their judgments direct. In a short time after 
the primary election they assemble (usually at the county- 
seat) as the county convention of the party which they 
represent. This body, consisting perhaps of forty or fifty 
men, elects three or four or five delegates to represent the 
party in a State convention. If the county convention 
is in favor of a certain man for President it may instruct 
these delegates for this man in the State convention. 

III. The State Convention. A few weeks after the 
county convention, delegates from all the counties (and 
cities^) assemble at some convenient place as the State 
convention of the party. This body, consisting sometimes 
of several hundred men, passes resolutions expressing the 
political views of the party in the State, names its choice 
for presidential candidate— if it happens to have a choice 
—and elects delegates to a National Convention, tlie num- 
ber of delegates allotted to each State being twice the 

* In a city each ward iu primary meeting sends delegates to a city 
convention and this body elects delej^ates to the State convention to 
meet with the delegates from the counties. 



230 THE AMERICAN GOVERNMENT 

number of its representatives in both Houses of Congress.^ 
Sometimes it also selects candidates for presidential elec- 
tors. Although the men in this convention are several 
degrees removed from the voting mass, yet if the sentiment 
at the primaries was pronounced and definite it will find 
expression in the State convention. If, on the other hand, 
the voters at the primaries gave no direct indication of 
their will the delegates in the higher conventions must act 
according to their judgment. 

IV. The National Convention. In June or July, all the 
State conventions having been held, the delegates from the 
States (and Territories) assemble as the great National Con- 
vention. This body, consisting of more than a thousand 
men, meets in some convenient city, and after several days 
of discussion, expresses the views of the party upon public 
questions in the shape of a platform and chooses candidates 
for President and Vice-President. 

The Presidential Campaign. After all the political parties 
have named their candidates the struggle for election be- 
gins. Political meetings are held, the claims of the can- 
didates are urged, the platforms are explained and de- 
fended, and everything that can be done to influence voters 
is done. 

The campaign, with all its faults, is a most wholesome 
element in our public life. It is the school-time of de- 
mocracy. By it, men's attention is strongly attracted to 
public affairs, civic spirit is awakened, and voters are edu- 
cated. The greatest objection to lengthening the presi- 
dential term is that to do so would be to deprive the peo- 
ple of the great educational advantage of frequent presi- 
dential campaigns. 

^ In many States tlie State convention elects only four delegates 
(called delegates at large) to the National Convention, the other dele- 
gates being elected at congressional district conventions, two delegates 
being chosen from each district. Where this is the practice the district 
convention selects a candidate for presidential electors. 



PARTY ORGANIZATION 231 

The Election of the President. The campaign continues 
until the election day in November, when the voters render 
their decision. They do not vote for a President directly, 
but for electors as the Constitution provides (146). Since 
these electors are nominated and elected by a party they 
are morally bound to vote for the candidate of the party 
which elected them, and no elector has ever proved unfaith- 
ful to the party that elected him. The President is, there- 
fore, really elected at the polls. 

The electors chosen in November meet in their respective 
States in January and vote for President and Vice-Presi- 
dent. The results of this vote are despatched from the 
several States to the President of the Senate at Washington 
and on the second Wednesday in February Congress meets 
to count the votes. The person receiving the majority of the 
votes cast for President is declared to be elected, and the 
person receiving the majority of the votes cast for Vice- 
President is declared to be elected. When no person receives 
a majority of all the electoral votes, the Constitution provides 
that the House of Representatives shall choose a President 
and the Senate a Vice-President, and states precisely how 
the election shall be conducted (148). 

Direct Nominations. In many States the convention system 
of nominating candidates has been abandoned and nomina- 
tions are made by a direct vote of all the voters of the party. 
Under the plan of direct nominations the voters "go to a 
primary meeting, which is managed in practically the same 
way as a regular election, and vote directly for the candi- 
dates whom they wish to represent their party at the next 
election." In other words, under the direct system the 
voters select their own candidates; they do not entrust the 
selection to party representatives. 

QUESTIONS ON THE TEXT 

1. What services do political parties render whou they uominnte 
candidates for office? 



232 THE AMERICAN GOVERNMENT 

2. Give an account of the development of party organization in the 
United States. 

3. Describe the permanent organization of a political party. 

4. Give an account of the primary meeting and point out the im- 
portance of the meeting. 

5. Describe the party conventions above the primary meeting. 

6. Give an account of a presidential campaign. 

7. What is the duty of a presidential elector? 

SUGGESTIYE QUESTIONS AND EXEECISES 

1. Are primaries in this State legalized? If they are not is there a 
strong sentiment in favor of legalizing them? 

2. Are the politicians whom you personally know better or worse 
than their neighbors? (Avoid using or suggesting any names.) 

3. How many electoral votes has this State? 

4. What Presidents were elected by Congress? 

5. Show that it is possible for a man to be elected President without 
receiving a majority of the votes cast. 

6. Show that it is possible for a single vote at the polls to decide a 
presidential contest. 

Topics for Special WorTc.— The Nomination of Candidates: 25, 34- 
78. Presidential Leadership: 12, 25-41. Party Finance: 12, 218-229. 
The National Convention: 2, 473-485. For the subject of Direct 
Nomination see *' Primary Elections" by C. E. Merriam. What the 
Party Machine Has to Do : 30, 373-378. 



PART III 

THE FUNCTIONS OF THE AMERICAN 
GOVERNMENT: ITS SERVICES 



XXXI 

THE FUNCTIONS OF GOVERNMENT 

Introductory. In the first part of this treatise the great 
principles and fundamental ideas of the American polit- 
ical system were considered, and in the second part the 
formal organization of the several grades of government 
which are included in that system were studied. In this, 
the third part, we shall be concerned with the functions, 
or, as we may say, the services, of our government ; but be- 
fore we take up the particular topics of this division of our 
work it will be best to glance at the subject of govern- 
mental functions in general. 

The Scope of Governmental Activity. The services ren- 
dered by the different governments of the earth vary with 
the racial instincts and the character of the civilization 
of the people whom the governments serve. As a general 
rule Teutonic and Anglo-Saxon peoples who are true to 
their political instincts are jealous of governmental au- 
thority, and are inclined to be chary of increasing the 
governmental functions, while Latin and Oriental peoples 
regard government with kindlier feelings, and are lavish 
in according power to it. The functions of government 
vary not only from country to country, but they also 
change in the same country from year to year. It follows, 
therefore, that any enumeration of the functions of govern- 
ment must be more or less typical in character. Such an 
enumeration is nevertheless useful, for it gives a general 
notion of the scope and nature of governmental activity. 
A typical progressive government does the following 
things : 

23f^ 



236 THE AMERICAN GOVERNMENT 

(1) It makes new laws to meet the ever changing con- 
ditions of society. 

(2) It renders justice between man and man, and be- 
tween man and the State. 

(3) It provides a defense against foes. 

(4) It protects and promotes its international interests. 

(5) It supports itself by means of taxation. 

(6) It borrows money in time of stress. 

(7) It coins money and establishes standard weights 
and measures. 

(8) It regulates commerce, domestic and foreign. 

(9) It maintains a postal system and provides thorough- 
fares for travel and transportation. 

(10) It conducts the election of public officers. 

(11) It preserves the family as an institution of society. 

(12) It provides for the education of the young. 

(13) It regulates commerce and industry. 

(14) It defines and punishes crime. 

(15) It helps the poor and incapable. 

(16) It cares for the morality, health, comfort and con- 
venience of citizens. 

Nearly every modern civilized government does all the 
above things, and some governments do much more. In 
most of the countries of Europe the railroads, the telephone 
and telegraph systems, and, in some instances, the mines, 
are operated by the government. In many of the cities of 
Europe the scope of governmental authority is still fur- 
ther enlarged, embracing not only such functions as the 
supplying of gas and water, but extending to such ser- 
vices as the maintenance of public baths, laundries, pawn- 
shops, savings-banks and lodging-houses. In London the 
city government has gone so far as to supply sanitary milk 
to the poorer classes. 

Government and the Individual. The functions of govern- 
ment in all progressive countries are increasing and must 
continue to increase. Civilization is growing more com- 
plex, human interests are multiplying and conflicting with 



THE FUNCTIONS OF GOVERNMENT 237 

each other as never before, population is increasing with 
startling rapidity and is crowding into the cities, inven- 
tions and processes of manufacture and methods of busi- 
ness are changing the face of the industrial world. The 
circumstances of this modern life do not permit the large 
individual freedom of former days. In order to make 
the proper social adjustments under the new conditions 
government must step in and do things that it has 
not done before, and that in a past age it would not have 
ventured to do, and with each new function added to 
government personal liberty is to some degree curtailed. 
The individual withers as the state grows more and 
more. 

But government in a democracy cannot assume an addi- 
tional function without the consent of the voters. The 
voter, therefore, is constantly called upon to determine the 
proper limits of governmental activity. Shall the gov- 
ernment operate the railroads, or shall individuals con- 
tinue to operate them? Shall the municipal government 
furnish the people with ice as it furnishes them with water, 
or shall the ice be furnished by private enterprise? Shall 
the government carry telegraphic messages as it carries 
letters, or shallthe telegraph business remain in private 
hands? Shall the municipality provide a free lunch for 
school children as it provides free text-books, or shall par- 
ents attend to the lunches? Shall government regulate 
the hours of labor, or shall each man be permitted to work 
as many hours or as few hours as he pleases? In all such 
questions the voter must decide either in favor of the in- 
dividual or in favor of the state. 

Political science cannot point out to the voter precisely 
what government should do and what it should not do, 
for the sphere of government cannot be circumscribed ''by 
the ring fence of a definition," but political science can 
sound a note of warning. The most judicious of all men 
who have written on tlie subject of human liberty, John 
Stuart Mill, has sounded this note in the clearest tones.^ 
^Mill, *' Political Economy," Vol. II, p. 5G0. 



238 THE A]\IERICAN GOVERNMENT 

''Whatever theory," he says, 'Sve may adopt respecting 
the foundation of the social union, and under whatever 
political institutions we live, there is a circle around every 
individual human being which no government, be it that 
of one, of a few, or of the many, ought to be permitted 
to overstep ; there is a part of the life of every person who 
has come to years of discretion within which the individu- 
ality of that person ought to reign uncontrolled either by 
any individual or by the public collectively. This reserved 
territory ought to include all that part which concerns 
only the life, whether inward or outward, of the individual, 
and does not affect the interests of others, or affects them 
only through the moral influence of example." Here is 
a test that should be applied to every proposed extension 
of governmental authority. When government is permitted 
to invade one's private life and make regulations in re- 
spect to matters that do not directly and closely and power- 
fully affect the outer social world, human liberty suffers a 
loss for which no governmental service however great is 
likely to be a full compensation. 

Besides the broad principle stated above, there are sev- 
eral other considerations that should always have weight 
when the extension of governmental authority is proposed : 
(1) The more we give government to do, the more habitu- 
ally will we look to government to help in the solution of 
the difficulties of life, and the habit of looking to the state 
as the great deliverer and provider tends to dwarf the 
faculties of self-reliance and self-help. (2) The more the 
government has to do the greater the army of government 
officials and the greater the danger of a bureaucracy, which 
is another word for official tyranny. (3) If the government 
is not doing well what it is now undertaking to do it is 
hardly probable that an extension of its functions would 
result in success. (4) When a private enterprise is ren- 
dering a certain service to society in a way that is generally 
satisfactory.it would be unwise to burden government with 
that service. 



THE FUNCTIONS OF GOVERNMENT 239 

Individualism, Liberalism and Socialism. In the field of 
practical politics we find men differing widely in their 
views as to the proper sphere of government. Some would 
limit the province of government strictly to the defense 
of the nation against foreign foes, and to the protection 
of persons and property against fraud and violence, leav- 
ing all other social interests to be attended to by private 
enterprise and effort. Those who believe in this let-alone 
(laisser-faire) policy may be styled the individualists of 
politics. They now form but a small part of the voting 
population of any free country. 

Next to the individualists may be classed those who 
would add to the merely protective functions of govern- 
ment certain others, such as the management of the post- 
office, the establishment of public schools, the improvement 
of rivers and harbors, the maintenance of thoroughfares 
— social services that can without doubt be performed by 
the state better than by the individual. Those who favor 
this moderate extension of the functions may be called 
liberalists. They constitute by far the largest class of 
voters in almost every country of the world. 

Lastly, there are the socialists who believe in an enor- 
mous increase in the functions of government. Under 
socialism the state would own and control not only all the 
means of transportation and communication, railroads, 
steamboats, canals, telegraph and telephone lines, but it 
would also own and control all the means and instruments 
of production, the mines and forests and farming lands, 
and shops and factories and mills. Under such a program 
individual enterprise would disappear almost entirely, and 
there would be substituted in its place the collective eft'ort 
of society. The state would be a great joint stock company 
whose membership would comprise the whole body of citi- 
zens, and whose object would be to provide for the material 
wants of its membership. Of course if the state should 
be the sole producer it follows that it would also make a 
distribution of the products, giving to each person (each 



240 THE AMERICAN GOVERNMENT 

member of the joint stock company) Ms just portion of the 
goods produced. What the portion of a given individual 
would be would depend upon the quantity and quality of 
the labor which the individual performed. If a person 
able to work performed no labor at all he would get no 
portion at all, and would consequently starve to death. 
Under the socialist program everybody able to work would 
be compelled to work. Socialism is exceedingly strong in 
some of the countries of Europe, especially in Germany, 
where the socialist party outnumbers any other political 
group. In the United States the socialists are organized 
as a political party and are increasing in numbers. 

QUESTIONS ON THE TEXT 

1. Enumerate the functions of a typical progressive government. 

2. What circumstances of modern life tend to strengthen the state at 
the expense of the individual. 

3. What rule does Mill give in respect to the limitation of govern- 
mental authority? 

4. What four considerations should have weight when deciding for 
or against a proposed addition to the functions of government? 

5. What is meant by individualism in politics ? 

6. Who are the liberalists in polities? 

7. What is meant by socialism? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Enumerate the functions of your town or city government. Is it 
doing anything that could be better done by private enterprise? What 
things are now being done by private enterprise that could be better 
done by the municipal government? 

2. Where is there more individual liberty, in the dty or in the coun- 
try? 

3. Prepare a ten-minute paper on, ''The Municipal FuHctions of 
Glasgow.'* (Consult Shaw's ''Municipal Government in Great 
Britain".) 

4. Determine in which of the following instances there would be a 
violation of the rule laid down by Mill and given in the text: The 
Government— (a) compels everybody to be vaccinated; (&) forbids the 
reading of certain books; (c) forbids the sale of certain books; (d) 
furnishes the milk that must be dxunk; (e) furnishes the virus that 



THE FUNCTIONS OF GOVERNMENT 241 

must be used in vaeemation ; {f) compels everybody to attend church; 
{g) compels everybody to attend a certain church; (/i) forbids the sale 
of oleomargarin ; {%) compels dealers to label oleomargarin as such; 
{j) forbids the use of oleomargarin altogether; (fc) compels parents 
to send their children to school; {I) compels parents to send their chil- 
dren to certain schools. 

5. Of the following enterprises name one, if there is one, which 
should be undertaken by government in this country: (a) The operation 
of telegraph lines; (fc) the operation of railroads; (c) the operation 
of trolley lines in cities; {d) the operation of coal mines; {e) the 
manufacture and sale of gunpowder; (/) the manufacture and sale of 
illuminating gas; {g) the manufacture and sale of ice. 

6. If government should undertake the enterprises named above to 
which of the several grades of government, local. State or federal, 
would each enterprise be assigned? 

Topics for Special TForfe.— The Functions of Governmerl: 21, 514- 
528. Socialism: 21, 500-512. Outlines of tlie Socialist State: 24, 277- 
323. Personal Liberty vs. Governmental Authority: 30, 392-397. Gov- 
ernmental Enterprise in the Non-Essentials : 30, 402-410. 



mncn 

LAWS 

Introductory. A constant service of a popular govern- 
ment is to make laws suitable to tlie ever changing con- 
ditions of society. Since the American voter is indirectly 
a law-maker— frequently he is a direct law-maker— he 
ought to have clear and just notions respecting the nature 
of laws. He ought to know what law is, what are the dif- 
ferent kinds of laws, what are the characteristic features 
of a law, and above all he ought to have sound ideas in 
respect to what law can do and what it cannot do. In this 
chapter we shall consider those phases of the subject of 
law which are of practical interest to the voter. 

What a Law is ; the Different Kinds of Laws. A law is a 
formal expression of the will of society in respect to some 
matter of social concern: it is a rule of action made by 
government and enforced by the sovereign authority of the 
state. A rule of action that cannot invoke for its enforce- 
ment the whole power of the state is not a law in the sense 
in which the word is here used. 

A satisfactory classification of the thousands of laws that 
are now in operation is difficult to make. A lawyer clas- 
sifies laws in one way, a political scientist in another. The 
broadest classification of laws is made when they are 
divided into public laws and private laws. All laws may 
be regarded as defining and protecting the rights of per- 
sons, and persons may be regarded as either public or 
private. By a ''public person" is meant either the state 

242 



LAWS 243 

or a body holding authority under it; by a '' private per- 
son" is meant the individual citizen. A public law is one 
which regulates rights where one of the persons concerned 
is a public person, that is to say, the state, and a private 
law is one which regulates rights where both of the parties 
concerned are private persons. ''The punishment, for in- 
stance, of a traitor is a matter of public law. The right 
violated by him is a public right, because the person in 
whom it resides is the state. The state has a right not 
to be conspired against. ... If, on the other hand, a car- 
rier damages my goods, the question raised is one of pri- 
vate law. My right to have my goods safely carried is a 
private right because both the carrier and myself are pri- 
vate individuals. ' ' ^ 

Another useful classification of American laws may be 
made by considering their origin and grouping them ac- 
cording to the sources from which they have emanated. 
Such a classification gives us the following groups of 
laws. 

1. Constitutions. These include the federal and State 
constitutions. Laws of this class are direct expressions of 
the popular will, and are fundamental in character. 

2. Statutory Laws. These are the laws that have been 
formally passed and promulgated by a legislative body. 
They include the treaties made by the United States, 
the statutes of Congress and of the State legislatures, the 
ordinances of municipal councils and the by-laws of town- 
meetings. There must be placed in this class also those 
laws of the colonial assemblies, and of the British Parlia- 
ment that were in force in the colonies at the time of the 
Revolution and that have never been repealed. 

3. The Common Law. A third class of laws consists 
of a set of rules and principles which have not been pro- 
mulgated by a legislature, but which have groA^Ti out of 
custom and usage and have been gathered from judicial 
decisions (p. 181) and fi-om the opinions of jurists. These 

^ See Holland, ' ' Jurisprudence, ' ' p. 101. 



244 THE AMERICAN GOVERNMENT 

rules and principles constitute the common law. Consti- 
tutional laws and statutory laws are written, but the com- 
mon law may be said to be unwritten, for its rules are not 
formulated in written documents. Most of the rules of the 
common law have come to us from England, but custom 
is making laws in America all the time, and when an 
American custom has hardened into a law that law is to 
be classified as belonging to the common law. The rules 
of the common law are so fundamental and so important 
that they are often called the ''great body of the law"— 
the vital principles of all law. 

Some of the Characteristic Features of Law. Among the 
characteristic features of a law there are several that fre- 
quently have a practical bearing upon daily conduct: (1) 
All laws are equally binding. If a law has originated from 
a rightful source and conflicts with no higher law it is 
binding, whatever may be its origin. A by-law of a town- 
meeting is as relentless in its operations as a law of Con- 
gress, and if necessary armies and fleets will assist in its 
enforcement. (2) The laAV is no respecter of persons. 
Everybody, rich or poor, high or low, who comes within 
the scope of the authority of a law must obey it. (3) Ig- 
norance of the law excuses no one. When a law is passed 
means are sometimes taken to give it publicity by adver- 
tising it in newspapers, but government does not under- 
take to inform everybody of every law that is passed. It 
is assumed that citizens are able to learn what the law is, 
and the maxim is that to be able to know is the same as 
to know. This rule sometimes works hardships, but it could 
not safely be changed. (4) A law remains in force until 
it is repealed. ''Laws sometimes sleep, but never die." In 
a case tried recently in the District of Columbia the judge 
recognized as binding a statute passed by the British Parlia- 
ment in the reign of Richard II (1372-1399), and decided 
the case in accordance with the ancient and almost forgot- 
ten statute. 



LAWS 245 

Law-making and Public Opinion. For the regulation of 
the varied interests and activities of our busy and progres- 
sive life thousands of laws have been made and thousands 
more are making. This production of laws cannot cease. 
As a community develops the laws must keep pace with 
the new conditions. Steam has called forth hundreds of 
laws, and electricity is constantly presenting problems for 
the consideration of the law-maker. Not only must new 
laws be made, but old ones must be repealed or amended. 
The ideas of men concerning right and justice change, and 
it is the business of the legislature to make the law con- 
form to existing views. To meet the demand for new 
legislation the energies of our legislatures, municipal. State 
and federal, are taxed to the utmost. Frequently more 
than a thousand laws are passed at a single session of a 
State legislature, and it has been estimated that the output 
of Congress and of all the State legislatures is more than 
ten thousand laws every year. 

In this hurly-burly of law-making the voter takes a part ; 
he chooses the representatives who make the laws, and in 
this way is brought very close to the actual work of legis- 
lation. When considering a proposed law there is one rule 
the voter should keep in mind, and that rule is this : A law 
should not be enacted if public opinion is strong against it. 
Public opinion is the moral force which at a given time 
sways and controls a community. This force may be low 
or it may be elevated, but it is always a controlling force. 
In an absolute monarchy, as well as in a republic, successful 
resistance to public opinion is quite impossible. If people 
are ruled by a despot, it is because they desire to be ruled 
in that way; the despotism falls as soon as public opinion 
is hurled against it. Laws as well as other things must 
bend to this irresistible power. Indeed, we may say that 
a good and useful hxw should always be enacted by public 
opinion before it is passed through the legislature. 

We cannot always tell on which side of the question 
public opinion really stands, and cannot for this reason 



246 THE AMERICAN GOVERNMENT 

always determine in advance whether a proposed law will 
receive its support or not. We may not be able to tell 
what public opinion will do, but there are several things 
we may confidently predict it will not do : 

(1) It will not support laws that require for their en- 
forcement a much higher average of morality than that 
luhich already exists. A member of a State legislature in- 
troduced a bill enacting the ten commandments and the 
golden rule into laws. If the people of the State at the time 
were generally obeying the commandments and the golden 
rule his bill was not altogether absurd, but if they were 
considerably below this grade of morality his bill was as 
preposterous as it would have been if it had provided that 
all men should be happy, and that rivers should flow with 
milk and honey. Legislation may punish law-breakers, 
but it cannot make men good. 

(2) It will not support laws that provide for a wide 
departure from present habits and customs. Men are 
creatures of habit, they are prone to act to-day as they 
acted yesterday; and when a law demands a sudden and 
radical change in deeply rooted customs it does violence 
to human nature. Englishmen are accustomed to say that 
there is nothing which their Parliament cannot do. There 
is doubtless one thing it cannot do: it cannot make the 
people of England abandon their clumsy custom of reckon- 
ing money in pounds, shillings and pence. 

(3) It will not support ideal schemes of government. 
Society is a mixture of good and evil, and while the ma- 
jority of men in a state are never utterly base, neither is 
the majority ever supremely good. Laws, therefore, which 
are framed upon the assumption that men are ideal crea- 
tures will not secure the support of public opinion. Here 
is where well-meaning people often err. They plan for a 
state in which there is no selfishness or injustice or wrong- 
doing. They construct ideal commonwealths, apparently 
forgetful of the fact that they themselves would not 
be willing to live for six months under one of their 



LAWS 247 

own creations. Many ideal commonwealths have been 
proposed, but no sane man ever yearned to live in one 
of them. Public opinion will support laws that make 
for the betterment of social conditions— it is constantly 
doing this— but it will ruthlessly shatter the fabrications 
of dreamers. 

(4) It will not support arbitrary or whimsical laws. 
Very often the law has attempted to regulate things that 
ought to be left to regulate themselves. Thus laws have 
been passed limiting the number of dishes to be served at 
a dinner, and prescribing the kind of jewelry that might 
be worn. A Scottish parliament was rash enough to at- 
tempt to regulate the amount of money that women should 
spend for dress. Regulations of this kind are called sump- 
tuary laws. They have nearly always failed to receive the 
support of public opinion. 

Obedience to Law. Laws which do not receive the support 
of public opinion are sure to be violated, while the violators 
go unpunished. This is the great mischief of such laws. 
A law is made to be obeyed. We may not like a law, we 
may think a law foolish or harsh or unjust, yet as long 
as it is a law we should obey it. To obey a bad law might 
work some temporary inconveniences, but these would not 
be so regrettable as would be the habit of violating the law 
with impunity. Obedience to the law is an essential fea- 
ture of good citizenship under any form of government. 
Especially is this true in a democracy, where all laws flow 
from the people, and where the citizen looks to law and not 
to a monarch, not to a person, for the protection of his 
rights. When citizens in a democracy begin to lose their 
respect and reverence for the law and to disregard its com- 
mands they are preparing a way for anarchy, and anarchy 
leads to despotism. Society can exist only where the laws 
are obeyed, and it is sure society must and will exist. If 
the people will not obey their own law^s the tyrant will 
come forward and impose his laws upon them and compel 



248 THE AMERICAN GOYERNMENT 

obedience. The man on horseback, the man of blood and 
iron, is better than social ehaos. 

QUESTIONS ON THE TEXT 

1. What is a law? Define private law; public law. 

2. Classify the laws with respect to the sources from which they have 
emanated. What is the common law? 

3. What are the several characteristic features of a law? 

4. What connection is there between voting and law-making? 

5. Define ' ' public opinion. ' ' 

6. Name the kinds of laws public opinion is not likely to support. 

7. What would be the result of a general disregard of the laws? 

SUGGESTIVE QUESTIONS Al^D EXEECISES 

1. Name some new inventions which will be likely to call forth new 
laws. 

2. '^A law passed to-day ought not to bind future generations. A 
law ought to repeal itself after it has been in force for twenty-five 
years." What would be the disadvantages of limiting the binding 
force of all laws to a brief period? 

3. Would you vote for a law which provided that no child under 
twelve years of age should appear on the streets alone after nine o 'clock 
in the evening? for a law which forbade ladies to wear the feathers of 
birds in their hats? for a law which forbade boys to smoke cigarettes? 
for a law which forbade girls to chew gum? for a law which compelled 
street-car companies to furnish seats to all passengers? for a law which 
forbade the ringing of church bells? for a law which provided that 
pupils should always know their lessons? Give reasons for each of 
your answers. 

4. "The best way to get a bad law repealed is to enforce it." Is 
it better for judges to enforce a bad law and thus hasten its formal 
repeal by a legislature ot to aUow violators of it to go unpunished? 

5. Name a few of the social and intellectual forces which go to make 
up public opinion. 

6. What will be the course of a true statesman who finds that his 
opinion does not agree with public opinion? 

7. Define statute, by-law, ordinance, constitution, 

8. Watch the proceedings of the State legislature and of Congress 
and report important legislation. (Your representative in Congress 
will furnish you with the ''Congressional Eecord, ") 

9. Does the constitution of this State say anything about the com- 
mon law? 

Topic for Special IForfc.— How Public Opinion Eules in America: 
2, 486-498. 



XXXIII 
DEFENSE 

Defense an Indispensable Function of Government. A 

nation must provide a defense against public foes. Here 
is a function of government that is indispensable. Every 
nation has its enemies, external and internal. A foreign 
power impelled by avarice or ambition or revenge or envy 
may wage war upon us, or a lawless element at home may 
threaten the security of life and property. The princi- 
ple of self-preservation requires that a nation be prepared 
to resist the attacks of both these classes of foes, and self- 
respect demands that resistance be actually offered when 
offense is given. The doctrine that we should passively fold 
our arms and not resist an attack upon our persons or 
an invasion of our country is contrary to the teachings of 
experience and to the facts of human nature. Haste the 
day when war and lawlessness shall cease, but until they 
shall cease nations must be prepared to meet force with 
force. 

National Defense. The defense of a nation is complete 
when it can hurl its entire strength against an enemy. In 
order to secure the strength which comes from unity and 
harmony the Constitution gives to the federal government 
the power of raising and supporting armies and navies 
(56, 57), and of making rules for their control (58). A 
State may not engage in war with a foreign power, except 
in case of actual invasion (77). The responsibility of de- 
claring war rests with Congress (55). In giving to Con- 

249 



250 THE AMERICAN GOVEENMENT 

gress the power to declare war instead of vesting the 
power with the President, the framers departed from the 
usual practice of goyerninents. The declaration of war 
hitherto had been a prerogative of the executive, but the 
members of the Convention of 1787 were not disposed to 
make the executive strong at the expense of the legislature. 

The instruments of national defense are the army and 
navy. 

I. The Army. The Department of War and the office 
of the Secretary of War were created by an act of Con- 
gress in 1789. The regular army established by the new 
government consisted of only a few thousand men— a force 
just sufficient to keep the Indians in order. The policy 
of maintaining a small standing army, inaugurated in the 
beginning of our history, has been continued to the pres- 
ent time.^ In time of war we have put into the field as 
many as a million of men, but in times of peace our army 
has always been small, ridiculously small when compared 
with the standing armies of the great powers of Europe. 

The policy of supporting a regular army no larger than 
is consistent with national safety is undoubtedly sound. 
The army is always under the control of the executive 
(92), and if it were overwhelmingly large it might be used 
— as in the history of nations it often has been used — to 
crush out popular rights and establish a tyranny. More- 
over, a large standing army is maintained at an enormous 
cost. The army of Russia consists of more than a million 
of men. These men produce nothing themselves, yet they 
consume a large portion of that which is produced by 
others. Congress may provide for a large army or a small 
one as it sees fit, but this provision cannot last longer 
than two years (56). In placing this limitation upon Con- 
gress the Constitution makes it impossible for a large 

^ Under the Act of 1901 the regular army of the United States is t« 
consist of not less than 57,000 nor more than 100,000 soldiers. The 
regular army of France is more than 500,000 ; of Germany nearly 600,- 
000; of Austria-Hungary nearly 400,000; of Italy nearly 300,000; of 
Great Britain, 250,000. 



DEFENSE 251 

standing army to be imposed permanently upon the people 
without their consent. 

In an emergency, when the regular army is too small for 
the needs of the hour, the federal government may call the 
militia to its assistance. The militia consists of practically 
all the able-bodied men in the United States between the 
ages of eighteen and forty-five. The full strength of the 
militia is quite twelve million men, but only a small part 
of it (about one hundred thousand men) is organized and 
ready for fighting. For the purposes named in the Con- 
stitution (59) the President calls the militia into service, 
specifying the number of militiamen each State is to fur- 
nish. If a State should neglect to furnish its quota, the 
required number of men may be enrolled under the au- 
thority of the President. When in the service of the United 
States the militia is subject to the rules and discipline of 
the regular army (60), although the officers of the militia 
are appointed by State authority. 

When troops additional to the regular army are needed, 
and when the purposes for which they are needed are not 
such as would under the Constitution justify the calling 
out of the militia, the President calls for volunteers, re- 
questing from each State a number apportioned to its popu- 
lation. During the Civil War more than half a million 
men responded to the President's call for volunteers, and 
during the war with Spain (1898) two hundred thousand 
men were enrolled as volunteers. When the militia is not 
available, and volunteers cannot be obtained, there must 
be a draft; the names of those fit for military service are 
secured, and from these the required number is draivn, 
usually by lot. 

The President is officially Commander-in-chief of the 
regular army and of the militia when it is in the service 
of the United States (92). A President has never person- 
ally directed the movements of armies in the field. The 
real management of a war falls upon the Secretary of War, 
the head of the War Department. This officer has super- 



252 THE AMERICAN GOVERNMENT 

vision of the army in times of war as well as in times of 
peace. He acts through the chief of a staff of trained 
officers who have direct control of the troops. A most 
important duty of the Secretary of War is to care for the 
material welfare of the army. In this he is assisted by the 
quartermaster-general, who attends to the clothing and the 
transportation of troops; by the commissary-general, who 
supplies the food; by the chief of ordnance, who supplies 
the arms; by the surgeon-general, who provides medicine 
and assistance for the sick and wounded; by the adjutant- 
general, who conducts the correspondence of the War De- 
partment. 

It is estimated that ten per cent, of the population and 
wealth of the United States is situated on the sea-coast, 
exposed to destruction by hostile naval forces. The de- 
fense of this life and property is the duty of the War De- 
partment. The great seaports are defended by land bat- 
teries, consisting usually of powerful guns which rise from 
a pit, discharge their shells, and disappear to be reloaded. 
The waters in the neighborhood of a seaport may be sown 
with torpedoes which may be exploded by an electric spark 
produced by an operator on shore. The difficulty of de- 
fending a seaport is very great, for a modern battle-ship 
can shell a city if it is allowed to approach within ten miles 
of it. Nevertheless we have along our coast guns that can 
hurl projectiles the distance of twenty miles. 

11. The Navy. The affairs of the navy were managed 
by the War Department until 1798, when Congress estab- 
lished the Department of the Navy, and created the office 
of Secretary of the Navy. The President is commander- 
in-chief of the navy, as he is of the army, but he delegates 
his authority to the Secretary of the Navy. Of course the 
actual fighting is done by trained seamen. 

Although the people of the United States do not distrust 
a powerful navy as they do a large standing army, never- 
theless it is only in recent years that systematic efforts 
have been put forth to build up a strong navy. About 



DEFENSE 253 

twenty-five years ago Congress began the policy of in- 
creasing the efficiency of the navy by adding to the number 
of fighting vessels and providing for a thorough training 
of the men. The war with Spain showed that the efforts 
of our statesmen to improve the navy have not been in 
vain. We have a navy upon which we may rely. Our 
jhips have endurance and speed, and our guns fire quick 
and straight. In its fighting strength our navy ranks second 
among the navies of the world. 

State Defense. For the defense of life and property within 
its borders the State relies upon its citizen soldiers, its mili- 
tia. The right of the State to support a militia is guaranteed 
by the Constitution (134). In a few States the organized 
militia consists of several hundred men ; in most States it 
consists of several thousand men. In times of war, as we 
have seen, the militia is under the control of the President, 
but in times of peace it is subject to the orders of the 
governor. When the laws of the State are resisted and 
the local authorities are unable to suppress the lawlessness, 
the governor sends the militia to the assistance of the local 
forces. If the militia is unable to suppress the law-break- 
ers, the State legislature, or the governor, may make ap- 
plication for aid to the President (121), who, if the case 
seems to warrant it, will send troops of the regular army 
to the scene of disorder. If the lawlessness interferes with 
the operation of the federal government, as with the carry- 
ing of its mails, or if it obstructs interstate commerce, 
the President may send federal troops and suppress the law- 
breakers without waiting for an application from the State 
authorities. 

Local Defense. Besides the militia there are two other 
upholders of law and order within the State. These are 
the sheriff and his posse, and the local police force. The 
posse (posse comitatus, the county force) consists of all 
the able-bodied men in a county (or city). These the 



254 THE AMERICAN GOVERNMENT 

sheriff may call to his aid at any time to suppress violence, 
although men who have not been drilled and disciplined 
are not likely to render efficient service. The local police- 
men and constables, of whom there are nearly one hundred 
thousand in the United States, are the every-day guardians 
of the public peace. They are "the eyes and ears as well 
as the hands of the body politic: not only the means of 
governmental apprehension, but of discovery; the agents 
of prevention as well as of cure." 

Civil Government and Martial Law. It should be noticed 
that in the United States those who wield the sword are 
under the control of civil officers. The general obeys the 
President, the officers of the militia take their orders from 
the governor, the police are controlled by a board of civil- 
ians. This subordination of the military to the civil power 
accords strictly with American notions of government. We 
have no place in our system for martial law— law which 
is administered by soldiers, and which is at variance with 
the principles of civil liberty. By suspending the writ of 
habeas corpus citizens may be temporarily deprived of their 
civil rights and placed under martial law, but this can 
be done only in the name of the public safety (64). A 
State cannot maintain armed troops in time of peace and 
thus threaten the permanency of civil rights (76). Neither 
can the federal government in times of peace harass the 
people by quartering soldiers in the homes of citizens with- 
out their consent (135), and even in times of war such 
quartering must be done under the authority of civil and 
not under the authority of military law. Thus, while we 
make ample provision for the defense of the nation and 
the State, we have taken every precaution to prevent the 
instruments of defense from themselves becoming a menace 
to civil government and to civil liberty. 

QUESTIONS ON THE TEXT 

1. What causes compel a nation to provide a defense against pos- 
sible foes? 



DEFENSE 255 

2. What military powers does the Constitution give to Congress? 

3. What has been the policy of the United States in reference to a 
standing army? What are the disadvantages of a large standing 
army? 

4. What does the Constitution provide in reference to the militia? 

5. What are volunteers? What is a draft? 

6. Name the principal ofSeers who conduct a war and state their 
duties. How is the sea-coast defended? 

7. What has been the policy of the United States in reference to its 
navy? 

8. Describe the militia system of a State. 

9. What is a posse cowAtatus? What are the functions of the 
local police? 

10. Explain how the military is kept subordinate to the civil author- 
ity of the United States. 

SUGGESTIVE QUESTIONS AND EXERCISES 

1. What have been the most fruitful causes of war in the past? 

2. In which century in the history of the world have the greatest 
wars occurred? 

3. Name five great military heroes. Should the incomparable honor 
which is accorded to military heroes be set down as one of the causes 
of war? 

4. What does the United States spend each year upon its army and 
navy? What is this State's share of this amount? Compare this with 
the amount spent by the State for its public schools. 

5. Why should Iowa as well as New Jersey contribute to the support 
of the navy? 

6. Name a war which has been a blessing to mankind. Explain. 

7. What is said in the constitution of this State in reference to a 
militia? In reference to the subordination of the military to the civil 
power? 

8. Of how many men does the entire militia of this state consist? 
Of how many does the organized militia consist? 

9. What services has the militia of this State rendered in recent 
years? 

10. Which could we more safely dispense with, school-houses or bat- 
tle-ships? Could we have one without the other? 

11. Contrast the evils attending war with its beneficent features. 

12. Do you sincerely wish that there will never be another warf 
What things can you as an individual do to help the cause of peace? 

Topics for Special TTorA;. — The Problem of War: 4, 232-247. War: 
8, 266-279. Th« Department of War: 16, 133-151. The Department 
of the Navy: 16, 152-164. 



xxxiy 

INTERNATIONAL RELATIONS 

International Affairs Regulated by the Federal Govern- 
ment. The management of international affairs is a ser- 
vice of the highest importance, and the power to direct 
foreign relations is a sovereign power. In the United 
States all power in respect to matters of an international 
character is lodged in the federal government, the organ 
of onr national sovereignty. International affairs have 
never been regulated by the State. Under the Articles of 
Confederation negotiations with foreign countries were 
conducted by the Congress; under the Constitution States 
are expressly forbidden to enter into political relations 
with foreign countries (72), and the management of in- 
ternational affairs is given to the President and Senate (95). 

International Law. Progressive nations have not isolated 
themselves from other nations. Ancient Egypt refused to 
defile itself by contact with other peoples and its civil- 
ization soon perished. The Greeks and Romans, on the 
other hand, went among strangers, traded with them, 
learned from them, made leagues of friendship with them, 
and thus developed a civilization which became the in- 
heritance of all succeeding ages. The states of Europe, 
which were built upon the ruins of the Roman Empire, 
could not live wholly to themselves. In spiritual matters 
they were one; their universities were places whither all 
might repair, and students from England found their way 
to Salerno, and scholars from Italy wandered to Oxford; 

2^B 



INTERNATIONAL RELATIONS 257 

their commerce caused cities so far apart as Riga and 
London to unite for mutual protection; above all, their 
incessant wars made a policy of seclusion impossible. 

Out of this intercourse between the countries of Europe 
there gradually came into existence a body of rules which 
states in their dealings with each other recognized as bind- 
ing. In modern times these rules have received the name 
of international law,^ and have been accepted as binding 
by all the civilized nations of the world. A few of the 
most important of these international rules are the fol- 
lowing : 

(1) A state must protect the aliens witMn its borders from violence 
to person and property. 

(2) Ambassadors and ministers are exempt from arrest and their 
persons are sacred. The buildings they occupy are extra-territorial. 

(3) The high seas must be regarded as belonging to no nation. 

(4) The territory of a maritime state must be regarded as including 
the sea to the distance of three miles along the coast. 

(5) A state is sovereign in its own territory and must be permitted 
to manage its internal affairs in its own way. 

(6) A neutral state (one not engaged in war) must prohibit bel- 
ligerent operations within its territory. 

(7) Property taken in warfare belongs to the state, not to the indi- 
vidual captor. 

(8) A belligerent may station ships at the ports of an enemy and 
forbid the egress and ingress of neutral vessels. (Blockade.) 

(9) An enemy's goods upon a neutral vessel must be spared unless 
the goods are ' ' contraband of war. ' ' 

(10) If possible, enemies must be taken prisoners rather than killed. 

(11) Non-combatants and private property are privileged. 

(12) Weapons causing needless pain are not to be used. 

The above rules are not positive laws, for they have not 
emanated from a legislative source. They have sprung 
from centuries of custom, from numerous agreements be- 
tween nation and nation, and from the moral judgment of 

* International law may be defined as the rules which determine the 
conduct of the general body of civilized states in their dealings with 
each other.— Lawrence. 
17 



258 THE AMEEICAN GOVERNMENT 

mankind. A rule of international law does not have the 
sanction of a state behind it, but it has that which is 
stronger : it has the compelling power of the public opinion 
of the world. If a state should refuse to obey one of the 
laws of nations it would have to face the protest and in- 
dignation of the civilized globe, and if it should be per- 
sistent in its refusal it would be "thrown out of the pale 
of civilized comity, just as you and I w^ould be expelled 
from the social pale if we offended against the unwritten 
law of society." 

Ambassadors, Ministers and Consuls. The international 
political affairs of a state are conducted by its diplomatic 
representatives, of whom the ambassador is the highest in 
rank. The ambassador represents the person of the ex- 
ecutive of the country from which he comes, and he receives 
for this reason the highest personal respect and considera- 
tion. A minister, who is next to the ambassador in rank, 
represents the government from which he comes, but not 
the personality of the executive. In foreign courts an 
ambassador, being a personal representative of a ruler, 
is admitted to an audience with officials ahead of a min- 
ister. For a long time a minister was the highest diplo- 
matic representative of the United States, but when it was 
found that under the rules of precedence in favor of am- 
bassadors a minister of the United States was sometimes 
kept waiting for an official audience while the ambassador 
of some petty kingdom was being received, Congress (in 
1893) created the rank of ambassador. The United States 
now has ambassadors for Great Britain, Germany, France, 
Italy, Austria, Mexico, Russia, Brazil, Japan and Turkey. 
In other countries we are represented by ministers. 

Ambassadors and ministers, their property and their 
households, are exempt from the laws of the country to 
which they are accredited.. The residence of a foreign 
minister is, according to international law, a little patch 
of territory under the dominion of the country which 



INTERNATIONAL RELATIONS 259 

the minister represents. If the Chinese minister at Wash- 
ington should commit a crime, Chinese and not American 
authorities must try the case and administer the punish- 
ment. If a case should arise where a judicial decision 
affecting diplomatic agents is necessary, it must be taken 
direct to the Supreme Court, no matter how trivial it may 
be (110). 

The duties of a diplomatic representative depend upon 
the powers which his government has conferred upon him 
and upon the relations which exist between his govern- 
ment and the one to which he is sent. In general, he rep- 
resents and defends the interests of his country. He keeps 
the home government informed upon topics of public in- 
terest, especially upon political topics, but he must not in- 
terfere in any way with the politics of the country where he 
resides. When a citizen of his own country has been injured 
by a violation of a rule of international law he seeks a rem- 
edy from a foreign government, and when a treaty is made 
he usually serves as the channel of negotiation. 

A consul is a business agent of a government sent to a 
seaport or inland city to look after the welfare of citizens 
of his own country. He does not represent a government, 
he is not a diplomatic agent, and he does not enjoy the 
honors and immunities of a minister. Sometimes a consul- 
general is appointed to supervise all the consuls in the 
country to which he is sent. 

The first duty of the consul is to aid his countrymen in 
securing their commercial rights. Among his other duties 
are the following : He places the consular seal upon official 
acts of the foreign government; he certifies to marriages, 
births and deaths among his countrymen in his consular 
district; he certifies invoices; he administers on the per- 
sonal property of deceased persons when there is no repre- 
sentative at hand. The consul receives applications for 
passports, and, when specifically authorized to do so, grants 
them. He also grants passports in the absence of the 
regular diplomatic representatives. 



260 THE AMERICAN GOVERNMENT 

In the United States, ambassadors, ministers, consuls 
and other representatives in foreign countries are ap- 
pointed by the President and confirmed by the Senate 
(96). When the President concludes that a diplomatic 
agent of a certain rank should be sent to a country he 
may appoint one, even though Congress has made no pro- 
vision for such an official. The President, however, can- 
not abuse his power in this direction, for the appointment 
must be confirmed by the Senate, and the money for the 
salary must be appropriated by Congress (69). Through 
the Secretary of State, who stands at the head of foreign 
affairs, the President receives the ambassadors and min- 
isters of other countries upon their arrival in Washington 
(102). The President may also send a foreign minister 
out of the country, if his presence should for any reason 
be no longer desirable. 

Treaties. When two or more states are at war and desire 
peace, or if in times of peace their commercial or mone- 
tary systems require adjustment, or if their boundaries 
need to be defined, or if in any way their international 
affairs are to be regulated, they may accomplish any of 
these objects by entering into a solemn compact or agree- 
ment called a treaty. A treaty, when made by sovereign 
states and signed by the proper diplomatic agents, and 
ratified by the governments of the signatory powers, be- 
comes the law for all the states entering into the compact. 
In the United States a treaty concluded by the federal 
government is the supreme law of the land (126), and any 
State law in conflict with a treaty is null and void. Since 
a treaty is simply a law. Congress may repeal a treaty by 
passing a law contrary to its provisions, or an existing 
law may be repealed by the terms of a new treaty. A 
treaty which is contrary to the Constitution is void. 

If a citizen violates a treaty his government will punish 
him as the violator of a law; but suppose the state itself 
should violate one of its treaties, is there a power to punish 



INTERNATIONAL RELATIONS 261 

the state? There is no power but the sword of the ag- 
grieved country. The violation of treaty obligation is uni- 
versally regarded as a just cause of war. But suppose a 
powerful state violates a compact which it has made with 
a puny state? In such a case punishment through war is 
out of the question and the weak state must rely upon 
the natural operation of the law of nations. "In the eye 
of international law treaties are made to be kept," and if 
a powerful nation persistently and perversely breaks its 
treaties it will incur the hostility of its neighbors and 
sooner or later these will combine and force it to abide by 
the rules of international law. 

The President, acting through the Secretary of State and 
diplomatic agents, negotiates treaties with foreign powers. 
After a treaty has been framed, if it meets with the ap- 
proval of the President, it is sent to the Senate, where it 
must be ratified by a two-thirds vote (95) . If it is success- 
ful in the Senate it is sent to the foreign government for 
ratification. "When it has been ratified by the foreign 
power the treaty is law for all the states whose governments 
have signed it. 

Suppose the President and the Senate should conclude 
a treaty which required an outlay of money, would their 
action bind the House of Representatives? This question 
arose in 1794, when ninety thousand dollars was needed 
for carrying Jay's Treaty into effect. The House voted 
the money, but passed a resolution declaring its right to 
deliberate upon any regulation of a treaty which was 
placed by the Constitution under its control. Treaties 
requiring money for their execution have been concluded 
again and again, and the House has always made the neces- 
sary appropriation. It has never, however, acknowledged 
its obligation to do so. 

Arbitration. A treaty provides for the peaceful inter- 
course of two or more nations in the future. How shall 
questions and disputes arising out of past transactions be 



262 THE AMERICAN GOVERNMENT 

settled? One nation has wounded the pride of another, 
or has trespassed upon its boundaries, or damaged its com- 
merce, or maltreated its citizens ; how shall the injured 
nations find redress without declaring war ? Nations which 
are capable of a humane and enlightened policy may find 
a peaceful exit from the most exasperating situations: 
they may submit their differences to a court of arhitration, 
just as private citizens often submit their differences to 
arbitration in order to avoid a battle in the courts of law. 

Nations wishing to settle a dispute by arbitration enter 
into a preliminary treaty, and agree upon a method of 
selecting the members of the arbitration board, appoint 
a time and place for the meeting of the board, and define 
precisely the question to be settled. The arbitrators, like 
impartial judges, listen to the claims of the several states, 
investigate and weigh the facts pertaining to the case, 
and render a decision in accordance with the facts and the 
principles of justice. When the decision of a board of ar- 
bitration has been fairly obtained, all the nations affected 
by it are under the most solemn obligations to acquiesce 
in it. 

During the nineteenth century international disputes 
were settled by arbitration more frequently than ever be- 
fore, and in the number of cases submitted to arbitration 
the United States led the nations of the world. The in- 
creasing success of arbitration, and the expressed desire 
of many of the great powers to adopt it as a substitute for 
war, have encouraged lovers of peace to look forward to 
a time when the countries of the earth shall agree to sub- 
mit all differences to a permanent board of international 
arbitration. If such a tribunal shall be constituted and its 
decisions obeyed, peace may be permanent and much of the 
money and talents and energy that are devoted to the sup- 
port of war will be devoted to commerce and industry. 



INTERNATIONAL EELATIONS 263 



QUESTIONS ON THE TEXT 

1. Where is power in respect to foreign affairs lodged? Define in- 
ternational law. Name five of the most important of the laws of na- 
tions? How are the laws of nations enforced? 

2. What is the difference betAveen an ambassador and a minister? 
What is the legal position of an ambassador resident in a foreign 
country? 

3. What are the duties of an ambassador or minister? 

4. What is a consul? a consul-general? What are the duties of a 
consul ? 

5. How do the diplomatic representatives of the United States re- 
ceive their positions? 

6. What is a treaty? How are treaties made? How are they en- 
forced? 

7. What is the attitude of Congress respecting treaties which call for 
the outlay of money? 

8. What are the duties of a court of arbitration? What has been 
the example of the United States in respect to arbitration? 

9. How may the permanent peace of the world be secured? 



SUGGESTIVE QUESTIONS AND EXEECISES 

1. Name some of the great men who have represented this country 
at foreign courts. Who is our ambassador to Great Britain? to Ger- 
many? to France? 

2. What is a charge d'aif aires? an envoy extraordinary? 

3. Name the most celebrated treaties which the government of this 
country has entered into and state the leading terms of each. By what 
treaty has this country profited most? 

4. What is the difference between a ''convention" and a treaty? 

5. Of the international rules mentioned in the text state one (if 
there is such a one) which is contrary to justice; one which is con- 
trary to the interests of mankind; one which is contrary to natural 
law. 

6. Upon what occasion and for what causes have ministers of for- 
eign countries been requested to leave the United States? 

7. Name the principal questions which the United States have sub- 
mitted to arbitration. Give an account of the Alabama claims. 

8. Could the decisions of a permanent international court of arbi- 
tration be enforced if all the nations should disarm? 

9. What was the object of the Hague conference? What did tlvit 
conference accomplish? For answers to these questions, see Eeport of 
the Hague Peace Meeting. 

10. What influences are now at work tending to bring about universnl 
peace? What influences are at Avork tending to destroy peace? 

11. Give an account of the ''Monroe Doctrine." 



264 THE AMERICAN GOTERNMENT 

12. A secretary of the British ambassador was arrested, brought be- 
fore the judge of a New England town court, and fined for running 
an automobile too fast: Did the judge have the right to impose the 

fine? 

Topics for Special TForfe.— Treaties: 6, 270-273; 8, 280-292. The 
Department of State : 16, 77-91. 



XXXV 

TAXATION 

Introductory. "We now come to the function of taxation^ 
or the orderly collection of revenue for the support of 
government. The science which treats of public expendi- 
tures and of the means of securing them is called public 
finance. Since under our dual system of government tax- 
ation is a concurrent function (p. 49) exercised with sov- 
ereign power by the State as well as by the federal gov- 
ernment, and since each government determines its own 
expenditures, public finance in the United States is resolved 
into two sharply defined systems— national finance and 
State finance. 

An adequate study of the taxing function requires the 
consideration of the following topics: (1) Taxation in its 
General Aspects, (2) National Finance, (3) State Finance, 
(4) Public Debt, and (5) Problems of Taxation. In this 
chapter we shall dispose of the first of these topics. 

The Cost of Government. It is plain that expenditures 
for government in the United States must be very heavy, 
for there are three highly organized governments to be sup- 
ported: the federal government with its army and navy 
and courts of law and high officials and thousands upon 
thousands of employees; the State governments with their 
numerous departments; the local governments with their 
school system and charitable institutions and highway im- 
provements and police and sanitary service. The federal 
government spends about $800,000,000 a year, State and 

205 



266 THE AMERICAN GOYERNMENT 

Territorial government about $200,000,000, local govern- 
ment about $1,000,000,000, making a total public expenditure 
of $2,000,000,000 a year. These numbers^ in themselves 
mean nothing— they are too large for the mind to grasp— 
but comparison enables us to comprehend their significance. 
$2,000,000,000 is about one twelfth of the combined annual 
earnings of every man, woman and child in the United 
States. The people, therefore, contribute to government 
in a year about as much as they earn in a month. 

The Source of the Taxing Power. How does government 
get the revenue for its support? Yv^hich of its departments 
is vested with authority to take money from private citizens 
for public purposes? We have seen that this question 
arose between King John and his barons, and that Magna 
Carta declared that no contributions for the support of 
government should be made except by the consent of the 
general council of the realm. The same question arose be- 
tween Charles I and Parliament and was settled by a dec- 
laration in the Petition of Right to the effect that the king 
could not take money from his subjects without the con- 
sent of the representatives of the people in Parliament. 
One of the greatest results of that mighty movement known 
as the French Revolution, which was also called into being 
by oppressive and arbitrary taxation at the hands of the 
king, was to take the taxing powder from the executive and 
give it to a representative legislature. The outcome of the 
American Revolution, which also hinged upon the subject 
of taxation, confirmed the principle that in America there 
can be no taxation without either the personal consent of 
the people or the consent of their representatives in the 
legislature. Here is the cardinal fact of taxation : govern- 
ment must receive its revenue through the consent of the 
legislature. 

The Different Kinds of Taxes. "When the legislature makes 

a general call upon the citizens for contributions for the 

* Estimated on the basis of a census report of 1904. 



TAXATION 267 

support of government, it is said to tax them. When the 
levy or call is properly made the contribution is compul- 
sory and cannot be escaped. A tax, therefore, may be de- 
fined as an enforced contribution of money levied by the 
legislature on persons, property or income, for the support 
of government. Property is the thing universally taxed. 
If any property escapes taxation, it is not as a rule the fault 
of the law, for legislators attempt to tax almost everything 
upon which a tax can possibly be laid. For the sake of 
system they divide property and other subjects of taxation 
into classes and name the tax according to the class upon 
which it is levied. The kinds of taxes which are usually 
collected are the following : 

1. The general property tax, levied (a) on real property, 
which includes lands and buildings and other things erected 
on land, and (&) on personal property, which includes such 
things as household furniture, money, goods, bonds, notes 
of promise, stocks, mortgages, jewelry, horses, carriages, 
and farming implements. 

2. The income tax, levied upon income from wages or 
salary or profits upon business. 

3. The inheritance tax, levied upon property acquired 
by inheritance or will. Sometimes this tax is regarded as 
an income tax, an inheritance or legacy being considered 
as nothing more than a part of the yearly income. In- 
heritance taxes are collected in three-fourths of the States. 

4. The corporation tax, levied upon private corporations. 
This tax sometimes takes the form of an income tax levied 
upon the corporation regarded as a person; sometimes it 
is levied upon the bonds and stock of the corporation. 
In a few States it is levied upon the earnings of the cor- 
poration. 

5. The franchise tax, levied upon a privilege granted by 
government. When a city council confers upon a corpora- 
tion the right to operate a trolley line upon a certain street, 
the right conferred is a franchise, and upon the value of 
this right the franchise tax is laid. Thouixh franchises are 



268 THE AMERICAN GOVERNMENT 

not material, visible property tliey have nevertheless been 
declared by the Supreme Court of the United States to be 
property. Sometimes franchises have an enormous value. 
For example, while the tangible property, the rolling stock, 
rails, wires and power-houses of a trolley company may be 
worth only a million dollars, the right to use the street (the 
franchise) would not be sold for a sum several times as 
great. Sometimes a corporation is compelled to pay both 
a franchise tax and a property tax on its material posses- 
sions. 

6. The poll or capitation tax is a sum ranging from one 
to four dollars levied as a personal tax. It is a tax on the 
person as a person, and not as a possessor of property. 

7. Customs duties, levied upon articles imported from a 
foreign country. In some countries customs duties are lev- 
ied upon exported articles. 

8. Excises or internal revenue taxes, levied upon goods 
manufactured within the country. The articles which yield 
most of the internal revenue are : distilled spirits, beer, ale 
and tobacco. The corporation tax is also regarded as an excise. 

9. License taxes, collected from merchants, peddlers, 
hack-drivers, showmen, saloon-keepers, and others, for the 
privilege of transacting business. The license tax resem- 
bles the franchise tax. 

10. Fees and special assessments, collected as a partial 
payment for services rendered by the government. The 
charge for issuing a marriage certificate is an example of 
a fee, while a charge made for connecting a private drain 
with a public sewer is an example of a special assessment. 
Fees and special assessments are not always taxes properly 
so called. 

Direct and Indirect Taxation. When a tax is levied upon 
the very person who is likely to bear the burden, it is said 
to be direct. The general property tax, the income tax, the 
inheritance tax, the corporation tax, the franchise tax, 
and the capitation tax are direct taxes. When a person 



TAXATION 269 

pays one of these taxes he cannot easily shift it to another : 
the burden remains where it is first placed. When a tax 
collected from one person is transferred in whole or in part 
by that person to another, it is said to be indirect. 

When an importer of silk pays a customs duty of one 
dollar on a yard of silk, he expects to add a dollar to the 
price of the silk, and thus transfer the tax to his customer. 
When a manufacturer of cigars pays an excise tax of a 
dollar on a box of cigars he adds a dollar to the price of 
the cigars. The customs duties and the internal revenue 
tax are therefore indirect taxes. Many fees and licenses 
may also properly be classed with indirect taxes. 

We may tell whether a tax is direct or indirect by con- 
sidering the manner in which it is levied. " Direct taxes 
are those levied on permanent and recurring occasions, 
and are assessed according to some list or roll of persons. 
The taxpayer is regarded as definitely and permanently 
ascript to the treasury. Indirect taxes, on the other hand, 
are levied according to a tariff on the occurrence of trans- 
actions and events which are not properly ascertainable 
as regards particular persons. The amount of a direct 
tax assessed in this way is certain and regular, while an 
indirect tax is uncertain and irregular, as regards indi- 
viduals." {Nicholson) 

The Principles which should Govern in the Levying of 
Taxes. Four rules or maxims have been laid down for the 
guidance of the law-maker in matters of taxation. They 
are as follows : 

I. (Equality.) Citizens should contribute toward the 
support of government as nearly as possible in proportion 
to their respective abilities. 

II. (Certainty.) The tax which each individual is 
bound to pay ought to be certain and not arbitrary. The 
time of payment, the manner of payment, the quantity to 
be paid, ought all to be clear and plain to the contributor 
and to every other person. 



270 THE AMERICAN GOVERNMENT 

III. (Convenience.) Every tax ought to be levied at 
the time or in the manner in which it is most likely to be 
convenient to the contributor to pay it. 

IV. (Economy.) Every tax ought to be so contrived as 
both to take out and keep out of the pockets of people as 
little as possible over and above what it brings into the 
public treasury. 

The above maxims were stated by Adam Smith (1776), 
and they have acquired almost universal authority. Legis- 
lators always keep them in mind, and follow them with 
more or less fidelity. Sometimes, however, in order to 
avoid the resentment or opposition of the people they ig- 
nore the maxims and follow the rule of expediency. In 
accordance with the policy of a celebrated Frenchman 
(Colbert), they so pluck the goose (the people) as to pro- 
cure the largest amount of feathers with the least pos- 
sible amount of squawking. 

QUESTIONS ON THE TEXT 

1. What is taxation? What is public finance? 

2. Give an account of the cost of government in the United States. 

3. Where does the power to tax reside? 

4. Name and describe each of the ten different kinds of taxes. 

5. What is a direct tax? an indirect tax? What rule will assist in 
distinguishing between a direct and an indirect tax? 

6. State Adam Smith's four maxims of taxation. 

7. What was Colbert's maxim of taxation? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Show that taxation played an important part in each of the fol- 
lowing events: (a) Wat Tyler's Eebellion; (h) The American Revolu- 
tion; (o) The French Ee volution. 

2. Look about you and see what government does for the people, 
itemize these services and decide whether they are worth the labor of 
all the people for one month in the year. 

3. Is it just that all citizens should pay taxes? Do all citizens have 
to pay taxes? (Do not be too sure of youi* answer to this question.) 

4. For what do people pay taxes most cheerfully? 

5. Of the several kinds of taxes mentioned in the text name the one 
which is easiest to collect; name the one which is easiest to be paid; 
name the one which is most objectionable. 



TAXATION 271 

6. If government lays an income tax, is it right tliat incomes below 
a certain amount, say $1,000, should escape the tax? 

7. Should the expenses of a Fourth of July celebration be paid out 
of the public funds? 

8. ''Suppose you own a farm worth $5,000 and owe $4,000 toward 
the purchase price; how much are you worth? On how much should 
you pay taxes— $1,000, $5„000, or $9,000?" 

9. State the evils of parsimony in public expenditures; the evils of 
extravagance. Which are the more dangerous? Eead Pro v. xi, 24. 

10. Does the constitution of this State declare any general principle 
in reference to taxation? 

Topics for Special TFor^.— Popular Taxation: 4, 293-318. Excises: 
19, 169-181. Customs Duties: 19, 182-207. Municipal Franchises: 30, 
456-463. 



XXXVI 

NATIONAL FINANCE 

The Extent of the Federal Taxing Power. Nowhere else 
does the nature of the relation between the State and the 
federal government appear more clearly than in their power 
in reference to taxation. Recognizing that revenue is the 
life-blood of government, the framers of the Constitution 
gave to Congress an almost unlimited power to tax (44), 
and at the same time reserved to the States the power of 
raising their own revenues in their own way in such 
amounts and for such purposes as they might deem wise 
and proper. They restricted the taxing power of Congress 
in only three particulars : they provided (1) that duties and 
excises must be uniform throughout the United States 
(45) ; (2) that direct and capitation taxes must be ap- 
portioned among the States according to population (66) ; 
and (3) that duties cannot be laid on articles exported 
from any State (67). Except only as it is limited by these 
three provisions, Congress is free to levy any kind of tax 
it may see fit for any amount it may desire. 

National Expenditures. At the opening of every regular 
session, Congress receives the report and recommendations 
of the Secretary of the Treasury, containing detailed esti- 
mates of the sums necessary for the support of the na- 
tional government. With these estimates one may begin 
the study of national finance. They are prepared by the 
heads of the several departments, each stating the amount 
of money which he thinks his department will need during 

272 



NATIONAL FINANCE 273 

the next fiscal year.^ The estimates of expenditure for the 
fiscal year 1910 will give an idea of the magnitude of na- 
tional finance-: 

ESTIMATES OF EXPENDITUEES FOE 1910 

Objects Amount 

Legislative establishment $7,316,190.7S 

Executive establishment 38,806,355.00 

Judicial establishment 972,160.00 

Foreign intercourse 3,880,194.72 

Military establishment 104,844,635.88 

Naval establishment 121,847,472.47 

Indian affairs 11,451,576.05 

Pensions 161,018,000.00 

Public works 137,154,931.35 

Miscellaneous 77,021,349.27 

Permanent annual appropriations 160,096,082.52 

Grand Total $824,408,918.01 



Though the Secretary of the Treasury presents to Con- 
gress the "Book of Estimates" containing the details of 
these enormous estimates, not a dollar of the estimates can 
be raised constitutionally without the consent of the Con- 
gress (69). As a matter of practice, the consideration of 
the estimated expenditures begins in the House of Repre- 
sentatives, where the recommendations found in the Book 
of Estimates are referred by the Speaker to the proper 
committees. 

The committees virtually control federal expenditures. 
There is no limitation upon their power of appropriation, 
except that any appropriation for the support of the army 
shall not be made for more than two years (56). They 
take the estimates submitted by the Secretary of the Trea- 
sury and do with them as they please. Sometimes they ao- 
cept them, sometimes they modify them, but often they 
ignore them altogether. It is their function to prepare 

^ The fiscal or financial year begins July 1 and extends to 
July 1 of the follo'vring year. 
18 



274 THE AMERICAN GOVERNMENT 

bills providing for tlie expenses of tlie government ; and 
in this exercise of their duty thev are entirely independent 
of executive authority. Quite often they invite treasury 
officials to assist them and advise them, but they are under 
no constitutional obligation to do so. The committees ex- 
press their judgments in reference to the proper expendi- 
tures in the form of appropriation bills. These, like all 
other bills, must run the gauntlet of legislation. They must 
pass both houses and receive the signature of the President. 
TVhen they have received the signature of the President 
and have become laws, the first step in national finance has 
been taken : it has been determined how much money shall 
be spent for the support of the federal government. 

Federal Taxation— (Indirect). The second step in na- 
tional finance is taken when Congress passes the laws for 
raising the money which it has decided to spend. While 
private individuals ordinarily estimate their income first 
and then decide upon their expenditures, governments are 
accustomed to estimate their expenditures first and to at- 
tend to the matter of income afterward. Bills for raising 
national revenue must originate in the House of Represen- 
tatives (36), because the House directly represents the 
people. Post-office bills and bills relating to the mints and 
to the sale of public lands may originate in the Senate, 
and any revenue bill whatever may be modified to almost 
any extent in the Senate. The House Committee of Ways 
and Means has exclusive control of bills for raising revenue. 
Since this committee prepares the tax bill for the nation, it 
is justly regarded as the most important committee in Con- 
gress. 

In the beginning of its history the federal government 
adopted the policy of raising its revenue by indirect tax- 
ation, and only in times of war has it departed from its 
original plan. The first Congress (1789) established a 
io.nff (p. 329)— a law imposing customs duties on imports 
—and all succeeding Congresses have followed its example. 



NATIONAL FINANCE 275 

Tariff or customs duties are collected, by government offi- 
cials, at ports of entry, from the importers of foreign goods. 
The duties are ad valorem when they are levied at a certain 
rate per cent, on the money value of the goods at the orig- 
inal place of shipment. They are specific when levied on 
articles according to quantity or number. For example, 
if the duty on gloves is forty per cent, ad valorem, a box 
containing six dozen pairs of gloves worth fifteen dollars 
a dozen produces a tax of thirty-six dollars. If the duty 
on gloves is specific, at eight dollars per dozen, the box of 
gloves in question produces a tax of forty-eight dollars. 

The customs tax yields more than half of the national 
revenue, and more than half of the customs duties are col- 
lected at the port of New York. The customs tax is levied 
upon several hundred articles, but most of the tariff rev- 
enues are collected from manufactures of wool, cotton, silk, 
iron, copper and tin, and from sugar, fruit, liquor, wines, 
cigars, drugs and chemicals (p. 333). Among the articles 
admitted free of duty are: coffee, tea, anthracite coal, 
books over twenty years old, dyewoods and fertilizers. 

Federal revenues not raised by duties on foreign goods 
are for the most part derived from excises— taxes on ar- 
ticles produced in the United States— and from a corporation 
tax, which is regarded as an excise. For a long time in our 
history excises were unpopular and were seldom levied. At 
the outbreak of the Civil War, however, when large sums 
had to be speedily raised, internal taxes became necessary, 
and almost every article, trade and profession was taxed. 
When the war was over the excise was made much lighter. At 
present only such articles as alcoholic liquors, tobacco, 
cigars, cigarettes, snuff, oleomargarin and playing-cards 
are subject to the internal revenue tax. 

The Collection of Federal Taxes. Customs taxes are col- 
lected at about one hundred and twenty ports of entry 
by United States treasm-y officials known as collectors of 
customs. When the customs for any reason are not paid 



276 THE AMERICAN GOVERNMENT 

tlie goods are held in the custody of the collector until the 
tax is forthcoming. 

For the purpose of collecting the internal revenue the 
country is divided into districts. For example, Pennsyl- 
vania is divided into four internal revenue districts, in 
each of which there is a federal collector of internal rev- 
enue, assisted by a corps of deputies. The deputies visit 
the distilleries and breweries and cigar and tobacco manu- 
factories in the district and bring all taxable goods under 
the workings of the law. 

The federal government collects its revenue in an eco- 
nomical manner. The cost of collecting the customs is only 
about three per cent, of the amount collected, while the 
cost of collecting the internal revenue is even less. 

The method by which the federal taxes are collected is 
popular as well as economical. Collectors receive the taxes 
in factories and custom-houses and do not attract the 
attention of the public. If they should come directly to 
individuals to demand the taxes they would doubtless be 
unwelcome visitors. The direct collection yearly of forty- 
five dollars — the approximate amount per voter that is re- 
quired to support the government— might seem to a man 
in Texas or in Maine to be a very heavy tax for the sup- 
port of the government in Washington, and might be ac- 
companied by difficulties. 

Direct Federal Taxes. Although federal taxation is mainly 
indirect, direct taxes may nevertheless be laid. In fact, 
the federal government has upon five occasions (1798, 1813, 
1815, 1816, 1861) levied direct taxes. Decisions of the Su- 
preme Court have determined that the capitation or poll- 
tax and the tax on land are direct taxes within the meaning 
of the Constitution (QQ) . 

The workings of a direct federal tax may be made plain 
by an illustration. Suppose the federal government wishes 
to raise eighty million dollars from a land tax. It must 



NATIONAL FINANCE 277 

apportion this amount to the several States according to 
their population. New York with a population of eight 
millions, or one tenth of the entire population of the United 
States, would pay one tenth of the tax, or eight million 
dollars ; Missouri, with a population of four millions, would 
pay one twentieth, or four million dollars. Missouri would 
therefore pay one half as much as New York. This would 
not be just, for the reason that the total value of the land 
in Missouri is not half the total value of the land in New 
York. Because the constitutional provision no longer per- 
mits an equitable distribution of a direct tax, it is not 
likely that the federal government will again resort to this 
form of taxation. 

When a direct tax is laid by the federal government, the 
proper sum is apportioned to each State, which is allowed 
to collect its share in its own way. If a State should re- 
fuse to pay its part, the federal government would send 
its collectors to distrain upon and sell the property of such 
taxpayers as refused payment. 

Here is seen the difference between government under 
the Constitution and under the Articles of Confederation. 
The Congress of the Confederation could ask a State for 
money, but could do no more; the federal government 
under the Constitution can ask, and, if necessary, may sell 
property to get the money. 

In 1894 Congress passed a law levying a tax on incomes ; 
but the Supreme Court of the United States practically 
nullified the law by declaring that an income tax is a direct 
tax and must be apportioned among the States according 
to population. The effect of this decision is to restrict the 
federal government to excises and customs as the main 
source of revenue.^ A just and equitable direct tax will not 
be possible until the Constitution is amended. 

*Mr. H. C. Adams suggests that if the necessity should arise the 
federal government should increase its revenue by means of a tax on 
inland and interstate commerce. See his * * Finance, ' ' p. 290. 



278 THE AMERICAN GOVERNMENT 

QUESTIONS ON THE TEXT 

1. What are the powers of the federal government and what are 
the powers of the State in reference to taxation? 

2. What three restrictions does the Constitution place upon the 
taxing power of Congress? 

3. What is the ''Estimate of Expenditures"? Name some of the 
items in this estimate. 

4. To what extent does the executive department determine appro- 
priations? 

5. In which House do bills for raising revenue originate? Why? 

6. What is a tariff? What is the difference between ad valorem and 
specific duties? 

7. What articles yield the greater part of the federal revenue? 
What articles are admitted free of duty? 

8. What articles are subject to the internal revenue tax? 

9. How are the federal taxes collected? 

10. What are the advantages of indirect taxation for federal pur- 
poses. 

11. What kind of taxes are direct v^dthin the meaning of the Con- 
stitution? 

12. Illustrate the workings of a direct federal tax. 

13. How are direct federal taxes collected? 

14. Can the federal government levy an income tax? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Estimate how much this State contributes to the support of the 
federal government, assuming that it contributes according to its popu- 
lation? Is this sum greater or less than the amount raised for the pur- 
poses of the State government? 

2. Do the people who live at a port of entry pay all the taxes that 
are collected at the custom-house? 

3. An orator wishing to illustrate the generosity and patriotism of 
his people pointed out the fact that three times as much of the internal 
revenue tax was paid in his State as in any other State. Point out the 
fallacy of the illustration. 

4. Collect all the provisions of the Constitution that bear on the 
subject of taxation. Compare the Constitution with the Articles of 
Confederation in respect to taxation. 

5. Which would you prefer to pay, direct or indirect taxes? 

6. What is meant by smuggling? What articles are easily smug- 
gled? Should taxes on these articles be light or heavy? 

7. Name the principal ports of entry in the United States? What is 
done with the money which is collected at these ports? 

8. How much per voter does it cost to support the national govern- 
moDt? 



NATIONAL FINANCE 279 

9. Is the money you pay for a postage-stamp a tax? 

10. Of the articles which are mentioned in the text as being taxed 
are there any which should go on the free list? 

11. Under the Constitution can the Senate originate a bill to revise 
the tariff? 

12. What is the difference between an appropriation bill and a reve- 
nue bill? 

Topics for Special TForA;.— Taxation in the United States: 21, 550- 
558. Customs Administration: 16, 97-105. Internal Revenue Service: 
16, 105-112. Collection of the Revenue : 30, 448-452. 



XXXVII 

STATE FINANCE 

The Taxing Power of the State. In the days of the Con- 
federation the power of the State to tax was full and com- 
plete, but by the adoption of the Constitution the taxing 
power of the State was to some degree restricted and 
abridged. Since one of the chief objects of the Constitu- 
tion was to secure easy trade relations between the States, 
taxation on exports and imports was prohibited to the 
States and placed under the control of Congress (74). 
With the view of further protecting the freedom of com- 
merce, the Constitution forbids any State to levy without 
the consent of Congress any tonnage duty, that is, any tax 
on the carrjdng capacity of a vessel (76) — a prohibition 
which applies to all instruments of commerce. A State 
cannot impose a tax on ^'tonnage passing through, from 
or to a State or foreign country, be it on railway, canal, 
river, or otherwise." Moreover, since "the power to tax 
is the power to destroy," a State cannot tax the agencies 
by means of which the federal government is enabled to 
exercise its functions: it cannot tax the bonds (p. 288) of 
the federal government, or its property, such as its light- 
houses and post-office buildings, or the salaries of its offi- 
cers, or the public money in its treasuries, or the metals 
in its mints. Aside from these restrictions, the State is 
free to tax all taxable objects within its borders. 

The Authority for State Expenditures. Although they 
may differ somewhat in detail, the financial system of the 

280 



STATE FINANCE 281 

States are quite uniform in their workings. Authority for 
all public expenditures within each State flows directly or 
indirectly from its constitution and its legislature. Ex- 
penses of the State government are estimated and levied 
directly by the legislature, and are usually comparatively 
light. In some States the constitution limits the amoumt 
which can be levied in one year.^ 

The heavy expenses of local government are met by 
taxation imposed by the minor legislative bodies, by the 
municipal council, or board of county commissioners— a 
legislative body as far as taxation is concerned— or town- 
meeting, or the township supervisors or trustees. Since 
the greater part of the sum paid for taxes is levied by 
local authority with the almost direct sanction of the 
voters themselves, it can almost be said that the people 
are not taxed— for they really tax themselves. 

Taxation in the State. It has been seen that federal taxa- 
tion is a very simple matter. Congress determines the tariff 
and excise rates, and the Treasury Department places its 
collectors of customs at the various seaports to collect the 
duties on foreign goods as they come into the harbors, 
and sends its collectors of internal revenue into the dis- 
tilleries and tobacco establishments to collect the excises 
on liquors and tobacco as they are manufactured — and that 
is substantially the story of federal taxation. The account 
of State taxation must be somewhat more complex, for it 
involves the consideration of more processes and more 
governmental machinery. 

I. The General Property Tax. While national taxation 
is almost wholly indirect. State taxation is almost wholly 
direct. In the State the general property tax is the great 
source of revenue. This tax reaches all property, real and 
personal, located within the boundaries of the State. When 

^ The eonstitiition of New York places no limit upon the legislature 's 
power to tax, but it requires that every law imposing a tax shall state 
the purpose to which it is to be applied. 



282 THE AMERICAN GOVERNMENT 

the owner of property resides outside the State, he does 
not for that reason escape taxation. 

In the payment of the general property tax the taxpayer 
should bear a burden proportioned to his wealth; all the 
property of every person should contribute according to 
its true value. This, as has been seen, is a fundamental 
principle of taxation. In order to realize this principle 
of equality and justice when levying the general property 
tax the government must set in motion an elaborate taxing 
machinery, and must carefully control all the processes of 
taxation. Its officers must discover all the property of 
every person, and must place thereon a fair valuation; it 
must provide agencies for correcting unjust and unfair 
valuations; it must have officers for collecting the taxes 
and means of enforcing payment; finally, it must, in the 
name of public policy, exempt certain classes of property 
from the payment of taxes. 

An account of the operation of the general property tax 
includes the consideration of the following topics: (1) Ajs- 
sessment; (2) Equalization; (3) Collection; (4) Delin- 
quencies; (5) Exemptions. 

1. Assessment. The administration of the general prop- 
erty tax begins with the placing of a valuation upon 
all property, real and personal. This official valuation is 
called an assessment. The officers of assessment, known as 
assessors, in some States are elected by the people ; in other 
States they receive their office by appointment. 

The assessors of a local division— of a city, or town, or 
township ^— after personally inspecting the property of 
the taxpayer and making a series of inquiries in reference 
to it, place a value upon it. This is done in respect to the 
property of every taxpayer. The sum of all the valuations 
of property thus made is the assessment of the local divi- 
sion. The tax rate of the local division is found by divid- 
ing the expenditures determined upon by the assessment. 

^ In some States the county is the smallest local division for purposes 
of assessment. 



STATE FINANCE 283 

If the assessment is fifty million dollars, and the expenses 
of the local government are five hundred thousand dollars, 
the tax rate is one hundredth or one per cent. Every tax- 
payer, therefore, must pay local taxes amounting to one 
per cent, of the assessed valuation of his property. 

But this local division, even if it be a large city, most 
probably is located in a county ^ in which there are addi- 
tional expenses of county government. The local division 
must bear its share of these expenses, and this will increase 
the rate of the taxpayer. The county rate is found by 
dividing the county expenditures by the county assessment, 
which is the sum of the assessments of all the local divisions 
of the county.^ Again, the county as a part of the State 
must contribute its share to the support of the general State 
government. The State rate^ is found by dividing the State 
expenditures by the State assessment (the sum of the 
county assessments). This rate added to the local and 
county rates gives the tax rate of the local taxpayer. 

2. Equalization. In levying the general property tax 
the individual assessments must be just. If A's house is 
assessed at one thousand dollars, when it is worth two 
thousand dollars, and B's house is assessed at three thou- 
sand dollars when it is worth two thousand dollars, B 
will pay three times as much in taxes as A, whereas, in 
justice, he ought to pay only as much as A. In most of 
the States means are provided for correcting unfair assess- 
ments. Very often there is a local board of equaliza.tion 
to which taxpayers may appeal when they think they have 
not been treated fairly at the hands of the assessors. Some- 
times such complaints are taken to an appeal tax court, or 
to the board of county commissioners. When the board 

^ All cities in the United States excepting Baltimore, St. Louis, Wash- 
ington, D. C, and some cities in Virginia, are located in counties. 

- The valuation put upon property in the local assessment is usually 
regarded as its proper valuation for purposes of county and State taxa- 
tion, 

' In several States there is no general property tax for State purposes, 
the revenue for the general State government being obtained chiefly 
from corporation taxes and from licenses. 



284 THE AMERICAN GOVERNMENT 

of equalization or other body to whicli appeal is made finds 
that there has been an unjust assessment, it will order a 
new one made. 

Frequently evils arise from uneven assessments among 
localities. For example, in one county the assessors may 
place the valuation of all property too low, while in another 
county the property may be assessed at its true value. As 
far as the county tax is concerned, undervaluation, if uni- 
form as among the individuals of the county, works no 
harm, but it works harm in connection with the State tax, 
for the taxpayers of a county in which there is under- 
assessment contribute less than their just share to the State 
expenses. State boards of equalization have been estab- 
lished in many States to correct evils growing out of un- 
even assessments among localities. These State boards, 
however, have not in all cases been able to apply a remedy 
for wrongs occasioned by improper local assessments. 
Where all the local divisions in the State assess property 
according to the same principle, and assess it honestly, 
there is no trouble; but where original local assessments 
are made in a haphazard manner, or with a view to escape 
just burdens, the whole taxing system of the State is viti- 
ated, and a remedy is almost impossible. The goodness 
or badness of the administration of the general property 
tax, therefore, depends upon the work of the local assessors. 

3. Collection. The general property tax is gathered by 
local officers. Usually tax-collectors are elected or ap- 
pointed for the sole purpose of collecting taxes, but in 
some States the collection is made by a constable or select- 
man, township supervisor, or other local officer. In the 
performance of his duties the collector is guided solely by 
the tax list prepared by the assessors. The same collector 
usually collects State, county and local taxes. When this 
is the case a distribution is made, the local division, the 
county and the State each receiving its proper share. 

4. Delinquency. When the taxpayer fails to pay his tax- 
bill promptly the property upon which the tax is levied 



STATE FINANCE 285 

is said to be delinquent, and is liable to be sold to satisfy 
the claim. If the property sold for taxes should bring more 
than the amount of the tax the excess is given to the owner. 
Moreover, the owner usually has the right to buy back his 
property at the price for which it is sold. This right of 
redemption, however, continues for only a limited period, 
usually two years. 

5. Exemption. State constitutions almost always specify 
the kinds of property that may be exempt from taxation, 
and the legislature is usually forbidden to exempt any 
other kind. A clause from the constitution of Minnesota 
will illustrate the practice in reference to exemption: ''Pub- 
lic burying grounds, public school-houses, public hospitals, 
academies, colleges, universities and all seminaries of learn- 
ing, all churches, church property used for religious pur- 
poses, and houses of worship, institutions of purely public 
charity, public property used for public purposes, and per- 
sonal property to an amount not exceeding in value two 
hundred dollars for each individual, shall by general laws 
be exempt from taxation." Many States are careful to ex- 
empt household furniture to a certain value. Thus the 
constitution of Texas provides that two hundred and fifty 
dollars' worth of household and kitchen furniture shall be 
exempt from taxation. 

II. Miscellaneous Taxes. In the raising of revenues the 
State and the local governments are by no means confined 
to the general property tax. Large sums are realized from 
fees, licenses, and franchises. The opportunity for revenue 
in the way of licenses is seen in the following clause of 
one of the State constitutions : ' ' The legislature shall have 
power to tax peddlers, auctioneers, brokers, bankers, com- 
mission merchants, showmen, jugglers, innkeepers, liquor 
dealers, . . . venders of patents, in such manner as it shall 
direct by general law, uniform as to the class upon which 
it operates." The franchise tax levied upon the fran- 
chises (p. 267) of railroads and other corporations is also 
proving to be a source of much revenue in some States. 



286 THE AMERICAN GOVERNMENT 

Incomes are taxed in a few States ; inheritances in many. 
Poll or capitation taxes are very common, and in some 
States yield considerable revenue. In cities large sums are 
collected as water rents, and special assessments for the 
payment (in whole or in part) for street improvements 
to abutting property. Water rents and special assessments, 
however, are not in the strict sense taxes ; they are rather 
payments for social services which the government has 
chosen to perform. Fines also add materially to the public 
funds, but they can in no sense be regarded as taxes. 

Local Taxation. In matters of taxation cities and coun- 
ties and other minor civil divisions are strictly under the 
control of the State government, and the limits of their 
power to tax are usually defined by the higher authorit}^ 
In some States the limitations are fixed by the legislature, 
in others by the constitution. In about one third of the 
States counties are not allowed to tax beyond a certain 
per cent, of the assessed valuation of property. Munici- 
palities, in the matter of taxation, are often restricted by 
the terms of their charters. Taking the country over, 
however, the localities are quite free to tax themselves as 
they see fit. The most that the legislature or the constitu- 
tion undertakes to do is to throw around the local taxing 
power such safeguards as will prevent bankruptcy. 

QUESTIONS ON THE TEXT 

1. What restrictions are placed upon the power of the State to tax? 
Bj what authority are taxes levied for the support of the State govern- 
ment? for the support of local government? 

2. What is the rule for levying the general property tax? 

3. Explain the work of assessors. What is the assessment? How is 
the local tax rate determined? the county rate? the State rate? 

4. What is the duty of the board of equalization? 

5. What is done with delinquent property? 

6. What kinds of property are exempt from taxation? 

7. Name several kinds of taxes besides the general property tax which 
are accustomed to be levied in the State. 

8. What regulations are made in respect to the taxing power of lo- 
calities ? 



STATE FINANCE 287 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. ' ' The power to tax is the power to destroy. ' ' Whj would it not 
be wise for the federal government to have the power to tax the prop- 
erty of the State and the salaries of its officers? 

2. What are the general provisions of the constitution of this State 
in reference to taxation? Wliat restrictions are placed upon the taxing 
power of counties? of townships? of cities? 

3. Does the right to vote in this State depend in any way upon the 
payment of any kind of taxes? Ought it to so depend? Do all who pay 
taxes in this State have a right to vote? 

4. Of the several kinds of taxes mentioned in the text, which are 
levied in this State? 

5. Are mortgages taxed in this State? If so, who pays this tax? 
Are incomes taxed in this State? If so, who pays this tax? 

6. What are the several kinds of property exempt from taxation in 
this State? (See the constitution.) 

7. If you owed a man a just debt and saw an opportunity of es- 
caping payment, would you avail yourself of the opportunity? If you 
owned property which should pay taxes and saw an opportunity to 
hide the property from the assessors and thus escape the payment of 
the tax, would you avail yourself of the opportunity? 

8. If a man should send you a bill for three dollars when you knew 
you owed him five dollars, would you call his attention to the mistake? 
If the assessor should assess your house at $5,000 when it is worth 
$3,000 what would you do? If he should assess it at $3,000 when it is 
worth $5,000, what would you do? Do you believe men are disposed to 
deal as honestly with the government as they ajre with their neighbors? 

9. What is the tax rate of this municipality? of this county? of this 
State? 

10. Under what circumstances would there be no grumbling about 
taxes? 

Topics for Special TForfe.— Taxation in the States: 21, 559-587. 
State and Local Taxes : 5, 586-592. State Supervision of Taxation : 18, 
249-255. 



XXXYIII 

PUBLIC DEBT 

Public Debt a Necessity. A most important topic of public 
finance is public debt. The necessity of incurring debt 
in the conduct of public affairs is perhaps stronger than 
it is in the management of private business. Governments 
cannot accumulate money; they must confine taxation to 
such amounts as are necessary to meet expenses for the 
current year. At the end of the fiscal year the treasury 
is supposed to be virtually empty. This is unquestionably 
the correct policy. A government is sorely tempted to 
be extravagant when it has more money on hand than it 
needs. It has been said with some truth that the way 
to keep governments pure is to keep them poor. 

Since it cannot save for a rainy day, when the rainy 
day comes, and large sums of money must be had at once, 
government must borrow. Increased taxation cannot be 
relied upon to supply the necessary revenue. In 1863 the 
federal government used its taxing power to the utmost 
to raise the money for the support of its war operations 
(p. 275), yet it could not collect by taxation one sixth of 
what it spent during the year. More than five sixths of its 
expenses had to be met by borrowing. 

How Grovemment Borrows Money. When a government 
wishes to raise money by borrowing, it usually sells its 
bonds to voluntary buyers. A government bond resembles 
a promissory note given to an individual who borrows 
money. In the bond are stated the amount owed by the 

288 



PUBLIC DEBT 289 

government, the date of payment, and the rate of interest, 
A bond may be for a small sum or for many thousands of 
dollars. The amount received by a government for a bond 
depends upon (1) the confidence which lenders have in 
the government's ability to redeem the bond, that is, to pay 
the debt, (2) the rate of interest offered, and (3) the length 
of time the debt is to run. Sometimes the conditions of 
borrowing are so favorable that government receives as 
much as one hundred and twenty dollars for a bond of 
one hundred dollars. 

Besides raising money by issuing bonds the national gov- 
ernment issued (in 1862-3) paper money and declared this 
"lawful money and a legal tender in payment of all debts, 
public and private, except duties on imports and interest 
on bonds and notes of the United States. ' ' This money was 
printed by the government and paid out to its creditors. 
Those who received it could compel others to take it in 
payment of debts. This paper money issue of 1862-3 will 
be discussed more fully hereafter (p. 322). It is mentioned 
here because it furnishes an illustration of a method by 
which government may borrow money. Money secured in 
this way may be regarded as a forced loan. 

The National Debt. The Constitution gives to Congress 
unlimited power to borrow money (46) ; it imposes no re- 
striction as to time, or amount, or security, or interest. 
Congress may not, however, pay any debt incurred in aid 
of rebellion against the United States (157). The debts 
contracted by the United States under the confederation 
were made valid as against the new government (125). 
Alexander Hamilton, the first Secretary of the Treasury, 
and the greatest financier perhaps in our history, wished 
to make the credit of the national government so good 
that no one would ever hesitate to lend it money. He urged 
Congress to pay not oulj^ the regularly eontractod debt of 
the confederation (foreign, $12,000,000; domestic, $42,000,- 
000), but also to assume the war debt ($21,000,000) in- 

19 



290 THE AMERICAN GOVERNMENT 

curred by the States during the War of the Revolution. 
After a long debate the policy of assumption was adopted, 
and the new government began its career with a debt of 
about $75,000,000. 

Hamilton was inclined to regard a public debt as a 
source of strength to a government. By scattering the 
government's bonds among the people, he contended, you 
create an interest in its stability. Men will always rally 
to the support of a government which owes them money. 
Hamilton's financiering, therefore, did not tend to pay off 
the national debt as rapidly as possible. "When his political 
rival, Jefferson, who was not deeply concerned about the 
strength of the central government, came into power, a 
policy of paying off the debt as fast as possible was pur- 
sued, and its amount steadily fell until the War of 1812, 
when it rose to nearly $125,000,000. After the War of 1812 
the policy of reducing the debt continued, and by 1836 
the national debt was practically extinguished, and the 
treasury had on hand about $40,000,000 for which it had 
no use. The greater part of this surplus was actually dis- 
tributed among the States according to population. 

After 1836 the government began again to incur small 
debts, and during the Mexican War it borrowed consider- 
able sums. At no time, however, did it become very large 
until the outbreak of the Civil War, when it jumped from 
less than $65,000,000 in 1860 to more than $500,000,000 in 
1862. After 1862 the debt steadily mounted until 1866, 
when it approached $3,000,000,000. Since 1866 it has stead- 
ily declined, and the interest-bearing debt is now :(1909) 
about $1,000,000,CIQ0,^ a sum which is less than one per cent, 
of the total wealth of the United States. 

State Debt. A State must not assume a debt incurred in 
aid of insurrection or rebellion against the United States 

^The puhlie debt of the German Empire in 1901 was $1,000,000,000; 
of England, $3,455,000,000; of France, $6,000,000,000; of Eussia, $3,- 
640,000,000. 



PUBLIC DEBT 291 

(158). This is the only federal restriction upon the State 
as to its debts. The constitutions of most States, however, 
forbid the unlimited borrowing of money, although the re- 
strictions do not extend to borrowing for purposes of pub- 
lic defense. To defend itself against invasion, or to sup- 
press insurrections, the State may borrow to an unlimited 
extent, upon the principle that the public safety is above 
every other consideration. In most of the States a deficit 
can be met by borrowing, but the constitutions usually 
specify how large a deficit may be met in this way. In 
some of the States the amount that may be borrowed to 
cover a deficit must not exceed $50,000, in others it may 
be as large as $1,000,000. In the constitutions of a number 
of the States it is provided that money cannot be borrowed 
unless the law authorizing the loan is first submitted to the 
people and their assent to it secured. 

Generally speaking, the finances of the State governments 
in respect to debt are in a healthy condition. In no State is 
the debt very large; in some States it is so small as to be 
inappreciable; in Illinois, Iowa, Michigan, Ohio, Nebraska, 
South Dakota, Oregon and West Virginia, there is no debt at 
all. This praiseworthy condition of affairs is due in part to 
constitutional provisions, in part to the great resources of the 
State governments, in part to the wisdom and self-restraint 
of the State legislatures. 

The Debts of Local Governments. Restrictions upon local 
governments in reference to borrowing are found in al- 
most every State. If the restrictions do not appear in the 
constitution, they appear in the laws of the legislature 
or in the municipal charters. Most of the State constitu- 
tions fix the rate of indebtedness which the local govern- 
ment may incur. Frequently this rate is five per cent, 
of the total valuation of the property within the civil 
division which borrows the xnoney. Sometimes before 
money can be borrowed by a local government the ques- 
tion must be referred to the people. 



292 THE AMERICAN GOVERNMENT 

Notwithstanding the restrictions placed upon the bor- 
rowing power of local governments, they are everywhere 
throughout the United States heavily in debt. Especially 
is this true of municipalities. The combined municipal 
debt is three times as large as the combined debt of the 
States. The debt of New York city alone is much larger 
than the total idebt of the forty-six States, and the debts 
of many other cities are proportionally as large as that 
of the metropolis. 

The debts of cities have been incurred for the building 
of water-works, city halls, school-houses, and for the pav- 
ing of streets and the construction of sewers. These im- 
provements have necessitated the outlay of large sums in 
a short period of time, and it has not been possible to col- 
lect sufficient money by taxation to pay for them as they 
have been made. The rapid growth of American cities has 
sometimes caused the expenditures to increase at an alarm- 
ing rate. In some instances sewers and water-works have 
been constructed on a scale suitable for a city of a hundred 
thousand people, and, behold, the population has increased 
to four times that number! This increase has rendered 
the old improvements worthless and made necessary the 
construction of new ones at an enormous expense. Besides, 
it is generally confessed that the management of the 
finances of cities has been bad the country over. In the 
awarding of contracts for public works larger sums of 
money have been paid to contractors than the work has been 
worth. Franchises have been granted to corporations for 
a song, when they ought to have realized large sums. Tem- 
porary or floating debts caused by deficits have not been 
paid promptly by means of taxation, but have been added 
to the bonded debt. 

The management of the finances of cities has called forth 
various schemes of reform. One of these is the plan of 
taking away from the city council some of its financial 
powers and lodging them with the board of estimate 
(p. 220). Another remedy proposed is to prescribe a prop- 



PUBLIC DEBT 293 

erty qualification for voters, when financial questions are 
involved. This plan is both impracticable and unwise: 
impracticable, because voters will not consent to it ; unwise, 
because it would be an unnecessary assault upon the prin- 
ciple of democracy. The corrupt bargains which are made 
in the management of the finances of a city are made 
by those who possess property, not by those who have no 
property. A property qualification would not exclude the 
corruptionists from taking a part in city affairs, but it 
would exclude many honest men from taking part, and 
it is to honest men, after all, that we must look for genuine 
reform. The possession or non-possession of property has 
really very little to do with the matter. Good municipal 
government is purely and simply a question of honesty. 

How Public Debts are Paid. Public debts of course must 
be paid by taxation. Indeed, they are often called anti- 
cipatory taxes, from the fact that government, in borrow- 
ing a sum of money, anticipates a certain revenue which 
it expects to receive by taxation. A State cannot be com- 
pelled by federal authority to pay a debt to a citizen, 
for, without the consent of the State a citizen cannot bring 
his suit into a federal court (145) and establish his claim. 
The United States cannot be compelled to pay a debt, for 
you cannot compel a sovereign power to do anything 
against its will. 

It is customary in the United States for a government, 
national. State and local, to prepare for the payment of a 
debt at the time it is incurred, according to the doctrine 
of Hamilton, who held that the ^'creation of a debt ought 
to be accompanied with means of its extinguishment." 
This preparation usuall}^ consists in the creation of a 
sinking fund. Under the sinking fund plan the law which 
provides for the borrowing of money also provides for the 
raising by taxation of a certain sum annually Avhieh shall 
be set aside for the "sinking" or the pajdng of the bonds 
when they shall become due. The sum raised for the sink- 



294 THE AliERICAN GOVERN]\iENT 

ing fund is inviolate and can be used for no other purpose, 
unless for public defense. 

The United States may borrow money without creating 
at the same time a sinking fund for its payment, but the 
constitutions of many States provide that all debts, whe- 
ther State or municipal, shall be accompanied by means 
of extinguishment, and the means adopted is usually the 
sinking fund arrangement. 

QUESTIONS ON THE TEXT 

1. How does the necessity of public debt originate? 

2. Under wliat circumstances is the government justified in bor- 
rowing? 

3. Describe a government bond. Upon what does the value of a 
government bond depend? 

4. In what way may governments sometimes make a forced loan? 

5. What are the provisions of the Constitution in respect to borrow- 
ing? What was Hamilton's doctrine concerning a public debt! What 
was Jefferson's policy in respect to the public debt? 

6. Sketch the history of the debt of the United States. 

7. What restriction upon the borrovdng power of a State is in the 
federal Constitution? What restriction upon borrowing is usually found 
in a State constitution? 

8. What can be said of the condition of the finances of State gov- 
ernments ? 

9. What restrictions are placed upon the borromng power of mu- 
nicipalities? For what purposes have the debts of municipalities been 
incurred? Why have these debts become so large? 

10. What remedies have been proposed for the betterment of city 
government ? 

11. Why cannot the United States be compelled to pay its debt? 
Why cannot a State be compelled to pay its debt? 

12. Explain the sinking fund arrangement. 

SUGGESTIVE QUESTIONS AND EXEEGISBS 

1. Compare graphically^ the 'per capita debt of the United States 
vrlth that of each of the following countries: England, Germany, 
IVance, Italy, Eussia, Austria. 

1 For example, let the per capita debt of the United States be represented by a square 
inch of surface and the per capita debts of the other countries by squares proportionally 
large. 



PUBLIC DEBT 295 

2. If tlie term for which a bond is issued is long, how will that fact 
affect the price paid for it? 

3. Is it right for this generation to contract public debts which 
must be paid by the next generation? Give reasons for your answer. 

4. ' ' Public debt is a public blessing. " ' ' Public debt is a public 
curse. ' ' Point out the truth and falsity which are contained in both the 
preceding statements. 

5. How much per voter does the United States government owe? 

6. What sum does this State owe? this county? this municipality? 
State the purposes for which these debts were contracted. 

7. What provisions does the constitution of this State make in ref- 
erence to the debt of the State? to the debt of counties? to the debt of 
cities? What are the advantages and disadvantages of these pro- 
visions ? 

8. Did you ever see a bond that was issued by a government? If 
possible, bring a government bond to the class to be examined and 
studied. 

9. Do rents in cities rise and fall with the tax rate? Ask a dealer 
in real estate about this. 

10. Show how the tax rate may be kept low for a while by borrow- 
ing. What is the final result of such a system of financiering? 

11. Is a lai;ge public debt necessary to make a government strong 
in the hour of its need. Answer this from our own. history. 

Topics, for Special WorJc.— Forma of Public Debt: 19, 293-310. 
Funding our National Indebtedness: 22, 331-356. Municipal Finance: 
30, 452-456. 



XXXIX 

PROBLEMS OF TAXATION 

The Difficulties of Taxation. A little consideration will 
show that a just and fair system of taxation is difficult 
to devise. To be sure, if all men would come forward 
with a truthful statement of the amount of their property, 
just taxation would be a simple affair; but experience 
teaches that all men will not do this. Though it is easy 
to say that every one ought to pay taxes according to his 
ability— that is, according to his income, or according to 
the value of the property from which he derives his in- 
come—it is very difficult to discover the amount of a man's 
income, or to determine the true value of his property. 
Before property can be taxed the officers of the law must 
point to its existence, and it is not always possible to do 
this. In these days, if they choose to do so, men can con- 
ceal from the eyes of the tax-gatherer a great deal of 
property that ought justly to bear a share of the public 
burden. In his iron safe a man may have bonds, or stocks, 
or notes of promise, which, though they yield him a hand- 
some income, do not appear on the tax-books as property. 
The concealment of such property presents one of the 
greatest of the difficulties which surround the subject of 
taxation. 

Another great difficulty is connected with the overlap- 
ping of jurisdictions. A railroad running through several 
States pays taxes in all; a man residing in one State and 
holding personal property in another is liable to be taxed 
on that personal property in both States ; a person living 

296 



PROBLEMS OF TAXATION 297 

in one State, owning property in another and carrying on 
business in a third is subject to the tax laws of three 
States. This overlapping of authority is inherent in our 
political system, and is bound at times to result in en- 
tanglements, and in wrong or unjust taxation. 

A third great difficulty connected with the levying of a 
tax is to foresee its final incidence, that is, to foresee the 
person upon whom the burden of the tax will finally fall. 
For a tax will not always remain where it has been laid, 
but will be shifted from one person to another until it at 
last falls upon a person who cannot shift it. For example : 
In California there is a tax on mortgages amounting to 
about one and three quarters per cent, of the sum loaned. 
The rate of interest on untaxed loans in and around San 
Francisco is about six per cent. ; but men, on account of the 
tax, will not lend money on mortgages for less than eight 
per cent. Here the mortgagee ^ pays the tax of one and 
three quarters per cent., but includes it and a little more 
in the interest which he demands of the mortgagor. In 
other words, the mortgagee shifts the tax, and its incidence 
is on the mortgagor. If the mortgagor rents the property, 
he may be able to shift the tax again and let it fall upon 
the tenant in the shape of a higher rent. Whether the in- 
cidence is upon the mortgagor or upon his tenant, it is 
not upon the mortgagee, as the law-maker intended it 
should be.^ 

To overcome such difficulties as those mentioned above, 
and to provide remedies for certain inequalities and injus- 
tices which are found in our system of taxation, economists 
and legislators have come forward with various schemes of 
reform. The most important of these schemes will noAv re- 
ceive attention and will be treated under the following 

^ When the owner of property borrows money and gives a moriijaoe— 
a written pledge that if the money is not paid the borrower will sur- 
render the property to the lender— the borrower of the money is called 
the mortgagor, and the lender the mortgagee. 

^ The above is an adaptation of an illustration given by Mr, i-, C. 
Plehn in his ' ' Public Finance, ' ' p. 249. 



298 THE AMERICAN GOVERNMENT 

headings: (1) Corporation Taxes; (2) the Income Tax; (3) 
the Graduated or Progressive Tax; and (4) the Single Tax. 

The Corporation Tax. The measures of reform that ap- 
peal most strongly to the public refer to corporation taxes. 
Private corporations (p. 360) control fully half the wealth 
of the country, but they do not bear half the burdens, 
and many States are making efforts to tax corporate prop- 
erty as it should be taxed. 

The corporations receiving the most serious attention 
of tax reformers are the railroads. The taxation of the 
property of a railroad must always be a perplexing prob- 
lem. Upon what principle shall the property be assessed? 
Shall the valuation be placed upon the market value of 
its bonds and stocks, or upon the value of its tangible 
property? Shall the value of the franchise be assessed? 
If the road does an interstate business, how shall the 
tax which it is to pay in each State be determined? How 
shall the rolling stock which passes through a dozen States 
be taxed? These are some of the questions for which tax 
reformers are trying to find satisfactory answers. Forty- 
six States are working upon the problems of railway tax- 
ation, each approaching the task in its own way. The plans 
of reform, therefore, are too numerous to he stated here 
in detail, but the direction in which legislation on this 
subject is moving may be indicated : 

(1) The Valuation of the Tangible Property of Rail- 
roads. Nearly all the States have adopted the plan of 
assessing the entire tangible property of the roads within 
their respective boundaries. As a rule, this assessment is 
made by State officials, the local government collecting 
the taxes on the property within their respective jurisdic- 
tions. In assessing the property of an interstate road 
the board follows the ''unit" rule: It determines the 
value of the property of the railroad considered as a unit, 
including in the valuation all property tangible and in- 
tangible and wherever located, and makes an assessment 



PEOBLEMS OF TAXATION 299 

according to the ratio which the mileage of line within the 
State bears to the company's total mileage. 

J2) The Valuation of the Intangible Property of Bail- 
ways. An increasing number of States are requiring the 
railroads to pay a franchise tax (p. 267) in addition to the 
tax on tangible property. The value of the franchise may 
be estimated in various ways, but the fairest method seems 
to be this : From the combined market value of the stocks 
and bonds of the road subtract the value of the tangible 
property ; the remainder is the value of the franchise. This 
rule of estimating a franchise is looked upon with favor 
by the Supreme Court of the United States. 

There can be no doubt that reforms in the methods of 
taxing corporate property are needed. An official inquiry 
made in Wisconsin showed that if the railroads in that 
State had been taxed the same as other property they would 
have paid into the State treasury in 1899 nearly a million 
dollars more than they actually paid. An inquiry in 
Michigan showed similar results. And what is true of in- 
dividual States is true of the country taken as a whole. 
According to the report of the Interstate Commerce Com- 
mission the railroads are paying yearly something like 
fifty millions of dollars in taxes on a capitalization of about 
twelve billions of dollars. If they paid taxes at the rate 
paid by other forms of property they would pay fully one 
hundred millions of dollars yearly. 

The Income Tax. As a means of tax reform the income 
tax is receiving serious consideration. Seven States in 
their constitutions permit an income tax, but only four have 
imposed a tax of this kind. 

The income tax is proposed to meet changed conditions 
in the commercial and industrial world. With the devel- 
opment of the corporation method of transacting business 
(p. 362) a vast amount of wealth has assumed the form of 
stocks, bonds and mortgages, and these can easily escape 
taxation, for they can be concealed from the assessor's 



300 THE AMERICAN GOVERNMENT 

eye. Severe laws have been passed with the view of reach- 
ing these forms of wealth; assessors have been given an 
inquisitorial power; taxpayers have been subjected to the 
most searching questions in reference to their property. 
But law has not been able to make men their own assessors. 
Taxpayers are so slow in coming forward with a full and 
fair account of all their stocks and bonds that those who 
do so are often regarded as good-natured oddities. 

With the successful concealment of so much wealth in 
stocks and bonds and mortgages the personal property 
tax has failed to give satisfaction, and in the opinion of 
able economists has failed utterly, "Personal property," 
says Seligman, ''nowhere bears its just proportion of the 
burdens ; and it is in precisely those localities, i.e., the large 
cities, where its extent and importance are the greatest, its 
assessment is the least. The taxation of personal property 
is in inverse ratio to its quantity : the more it increases the 
less it pays." 

As a partial substitute for the personal property tax, a 
general income tax is proposed. That is, by the admission 
of all, a just and sensible tax — one based upon ability to 
pay, and not liable to be shifted. 

But there are serious difficulties connected with levying 
this tax. (a) Though the States have the power to levy 
it, and some actually have levied it, they may thereby cause 
the possessors of large incomes to remove into States that 
do not tax incomes. This difficulty could be overcome only 
by a uniform course of action by all the States, which 
would leave no place of refuge for tax dodgers. (&) Again, 
it is not easy to determine just what should be regarded 
as a man's income for taxing purposes. Where the general 
property tax exists side by side with the income tax, that 
portion of a man's income which flows from his taxable 
property, and which ought not to be taxed, is not easily 
separated from the whole income. Yet such a separation 
must be made to prevent the infliction of double taxation, 
(c) As far as a federal income tax is concerned the diffi- 



PROBLEMS OF TAXATION 301 

culties are insurmountable under the Constitution as it now 
stands, for the Supreme Court of the United States has de- 
clared that the income tax is a direct tax, and must there- 
fore be apportioned among the States according to popula- 
tion. Since a federal income tax laid according to this rul- 
ing would be neither just (p. 277) nor practicable, the fed- 
eral government for the present must be content with other 
forms of taxation. 

Graduated or Progressive Taxation. It is sometimes con- 
tended that one's duty in respect to the payment of taxes 
should be measured, not by ability, but by sacrifice. Ac- 
cording to this view a tax is burdensome, not in propor- 
tion to what is paid, but to what is left. To equalize the 
sacrifice of taxpayers a graduated or progressive tax has 
been proposed. Under the workings of this tax the rate 
increases with the amount of property. For example, if 
A, B, C and D are worth respectively $10,000, $20,000, 
$30,000 and $40,000, a scheme of progressive taxation might 
impose upon A a rate of one per cent., upon B a rate of 
two per cent., upon C a rate of three per cent., and upon 
D a rate of four per cent. D 's property is only four times 
as great as A 's, yet it pays sixteen times as much in taxes. 

In eighteen States the constitutions provide that taxation 
shall be in exact proportion to the value of the property 
taxed. In these States progressive taxation would doubt- 
less be adjudged unconstitutional. The other States would, 
perhaps, be permitted to apply the progressive principle. 
Congress has levied a progressive inheritance tax, and the 
validity of the progressive principle has been sustained by 
the Supreme Court of the United States. South Carolina 
has a progressive income tax, and several States have t^ix 
laws with progressive features. 

The Single Tax. The most radical of tax reforms is the 
plan by which all revenues, federal, State and local, are to 
be raised from a single tax imposed on land. According 



302 THE AMERICAN GOVERNMENT 

to this plan, men should contribute to the support of gov- 
ernment, not in proportion to what they produce or ac- 
cumulate, but in proportion to the value of the natural 
opportunities they hold ; and it is contended that the land- 
holder is the great monopolist of natural opportunities. 
The single tax would be laid upon land as such, and not 
upon the improvements upon land. The tax upon a vacant 
lot, provided it were as favorably located, would be as 
heavy as the tax upon a lot improved by a magnificent 
structure. The fundamental principle of the single tax 
is this: The individual should get the advantage of all 
improvements upon land, while the government (society) 
should get the advantage of favorable location, and of the 
increased values that accrue to land in a community which 
is progressive and which is increasing in population. 

QUESTIONS ON THE TEXT 

1. State three great difficulties that lie in the way of a just system 
of taxation. 

2. What reforms are being made in respect to the taxation of rail- 
roads? 

3. "What is the rule for the assessment of interstate railway prop- 
erty? 

4. What is the rule for determining the value of a corporation's 
franchise ? 

5. What are the advantages and disadvantages of a general income 
tax? 

6. Explain the operation of a progressive or graduated tax. 

7. What is the single tax? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Is there an income tax in this State? If so, explain its nature and 
workings. 

2. Is it just that a man who owns a little property should be taxed 
and that a man who receives a large salary and who owns no property 
should escape taxation? 

3. Are there any progressive taxes in this State? If so, give an ac- 
count of them. 

4. Discuss progressive taxation in reference (a) to its justice, (&) to 
its expediency, (c) to its effect upon fortune building. 



PEOBLEMS OF TAXATION 303 

B. Prepare a five-minute paper on ' ' The Single Tax. ' ' Consult 
Shearman's ^'Natural Taxation." 

6. Compare the system of segregating taxes as proposed by Mr. 
Adams with the system actually in force in this State. 

7. What reforms in taxation are needed in this State? How may 
these reforms be accomplished? 

Topics for Special Worlc.— The Incidence of Taxation: 19, 248-258. 
The Income Tax: 21, 577-582; 1% 239-247. Corporation Taxes: 21, 
569-573. 



XL 

MONEY 

Introductory. Closely related to the financial function of 
government is the function of regulating the monetary 
system. Indeed, the subject of money is regarded by many 
writers as only one of the divisions of the subject of public 
finance. In the United States the money function belongs 
solely to the federal government. 

The Different Kinds of Money. The early colonists brought 
with them but little money, and they were therefore placed 
in conditions quite similar to those which existed in the 
earliest times when there was no money, and when ex- 
change of goods had to be effected by barter; that is to 
say, when one commodity had to be exchanged for another 
directly, corn for fish, a horse for a cow. Exchange by pure 
barter, however, is too clumsy to be practiced long. An 
intelligent people will always find some commodity which 
will pass from man to man as money and thus make ex- 
change easy. 

The colonists in Virginia chose tobacco as a substitute 
for the silver and gold coins which they lacked. Tobacco 
was in universal demand. The Indians prized it highly, 
the colonists themselves used it freely, and the merchants 
were always ready to purchase it when it was brought 
down to the ships which traded with the new world. Men, 
therefore, would accept tobacco in exchange for a com- 
modity, not because they wanted tobacco themselves, but 
because they knew that that commodity was so generally 

304 



MONEY 305 

desirable that they would have no trouble in exchanging 
it for any other commodity which they might wish. 

There were other reasons why tobacco could be ex- 
changed for any other kind of goods. A small bulk of it 
contained a great deal of value : a pound, in the early days 
of the colony, being worth three shillings in England. 
Again, tobacco could be easily divided and subdivided, and 
articles of small value as well as of great could be ex- 
changed for it. One pound of tobacco usually represented 
about the -same value as another. These characteristics of 
tobacco, joined with the universal demand for it, led to 
its use as money. 

In New England, in the early days when coin was scarce, 
corn was used as a substitute, although it proved to be a 
poor substitute. In New York, Indian wampum or polished 
clam shells passed as money among the settlers. Each 
colony adopted as money the commodity which would 
circulate the most readily. ''"We find that the various 
colonies at one time or another authorized the payment of 
public or private debts in wheat, oats, barley, peas, bacon, 
pork, beef, fish, flax, wood, sugar, brandy and even musket- 
balls."^ A Harvard student in 1649 paid his college bill 
with an ''old cow." 

It would be difficult to name a commodity of general 
use which has not at some time or another in some part 
of the world passed as money. Metals especially have been 
held in high esteem as instruments of exchange. Iron, 
lead, tin, copper, bronze, as well as silver and gold, have 
been used as money. There is, therefore, no natural uni- 
versal money. A nation will use as its monej^ that com- 
modity which is most suitable to its own civilization. 

Silver and Gold. As industries in the colonies multiplied, 
and trade and wealth increased, gold and silver became 

* Bullock, ' ' Monetary Histoiy of tlio Unitod States, ' ' p. 10. We ajo 
informed on the same page of this book that gopher tails wore employed 
as money in some sections of Dakota as late as 1SS5! 

20 



306 THE AMERICAN GOVERNMENT 

more abundant, and the use of the cruder kinds of money 
was abandoned. This was to be expected. No other com- 
modity performs the functions of money so well as these 
metals. The reason why the precious metals— -a,s silver and 
gold are called— are everywhere used to the exclusion of 
other metals may be summed up as follows: 

1. They possess much value in little weight and bulk, 
and can therefore be carried easily from place to place, 
and can easily be concealed and guarded. 

2. They can be easily divided and manufactured into 
small pieces as well as into large ones, and can thus be 
made suitable for the payment of sums varying in amount. 

3. Time does not destroy their value, and the wear and 
tear of handling is Yery small. 

4. They do not vary in quality. ' ' There is no such thing 
as inferior gold or inferior silver." 

5. They have a value of their own apart from their use- 
fulness as money, for they are used in the manufacture of 
many expensive articles of commerce. 



The Coinage of Money. When a farmer takes eggs to a 
store and exchanges them for sugar, a certain quantity of 
sugar is weighed in the scales. If metallic money is de- 
sired in exchange for the eggs, if the farmer wishes to 
buy money with his eggs, a certain weight of gold or silver 
is given to him, but the scales are not brought into the 
transaction. The pieces of money have been weighed in 
the government's mint, and the farmer is satisfied as to 
their weight and fineness. 

In ancient times scales were employed in transactions 
like the above. Gold and silver, like sugar, were weighed 
when they passed from man to man as money. Since ac- 
curate weighing and testing were difficult processes, it be- 
came the custom to stamp upon a bar or ring of the 
precious metal its weight and fineness. The bar or ring 
thus stamped became a coin and did not need further weigh- 



MONEY 307 

ing. The processes of coining were originally conducted 
by private individuals, usually by goldsmiths, but expe- 
rience showed that private coinage led to fraud, and gov- 
ernments were compelled to take the matter into their own 
hands. Coinage is now everywhere recognized as a proper 
function of government. 

During the colonial period there was but little coining 
of money in America. In 1652 Massachusetts established 
a mint at which shillings and sixpences continued to be 
coined for a period of thirty-four years. This seems to be 
the only notable instance of coinage in America before 
the Revolution. Under the ''Articles of Confederation" 
Congress had the power to coin money, but it had not the 
bullion (uncoined gold and silver) to coin. The little money 
which was coined during the period of the Confederation 
was struck off by private parties under the authority of the 
individual States. The framers of the Constitution took 
the right of coinage away from the States (72) and lodged 
the power entirely with the federal government (49). 

Paper Money. Every one of the kinds of money thus far 
mentioned has an intrinsic value, an inherent, essential 
value arising out of its usefulness as a commodity and 
separate from its character as money. Tobacco is desirable 
as a means of gratifying a certain appetite, and when it 
ceased to be used as money it was still valuable ; silver 
and gold are highly prized as articles of commerce, and 
coins made of these metals are valuable even after they 
have been melted and have lost their form as money. 

There is another kind of money which has played an 
important part in the history of the American people. 
This is paper money, which may be defined as money which 
neither possesses nor represents intrinsic value. Paper 
money may be printed and issued by a governmeirt with 
the promise that it will be redeemed for intrinsic money, 
or it may be issued by a bank as a promissory note payable 
in intrinsic money, but it is never intrinsic money itself. 



308 THE AMERICAN GOVERNMENT 

Paper money is usually made a legal tender, that is, the 
holder of it may tender, or offer, it in payment of a debt, 
and the creditor must receive it as lawful money. Paper 
money is sometimes called fiat money, because government 
makes or attempts to make it worth so much. 

There were extensive issues of paper money by the col- 
onies. Massachusetts in 1690 issued hills of credit— as 
paper money is often called— to defray the cost of an ex- 
pedition against Canada, and her example was followed 
by other colonies at various times, when there was not 
enough gold and silver at hand to meet expenses. The 
paper money issued by the colonies invariably depreciated 
in value ; that is to say, its purchasing power fell below its 
nominal or face value. Thus in 1749 a bill of credit issued 
by Massachusetts with a nominal value of ten shillings 
would not purchase as much of any useful commodity as 
could be purchased by one shilling of silver. 

The Continental Congress of 1775 issued two million 
dollars of bills of credit based upon the credit of the States. 
As the war progressed issues became larger and more fre- 
quent, and by 1779 more than two hundred million dollars 
of the paper money was in circulation. In addition to this 
sum the individual States issued about two hundred mil- 
lion dollars of paper money. During the first part of the 
war the notes were accepted willingly and circulated freely 
at their face value, but in 1777 they began to decline in 
value, and in January, 1779, eight dollars of the paper 
money were worth only one dollar in silver. Congress did 
not formally make the Continental paper a legal tender, 
but it enacted that the man who refused to take it was 
an enemy of his country. People, however, could not be 
compelled to receive it. It depreciated until it took one 
thousand dollars of the paper money to purchase as much 
as could be purchased by one dollar of silver. Finally the 
Continental money became absolutely worthless— ''not 
worth a continental." Barber shops were papered in jest 
with the bills ; sailors, on returning from their cruises, be- 



MONET 309 

ing paid off in bundles of the worthless money, had suits 
of clothes made of it. 

In 1785 and 1786 there were extensive issues of paper 
money by the individual States. These proved to be the 
cause of much confusion and injustice, and when the 
framers of the Constitution came to the subject of paper 
money they took from the States altogether the right of 
issuing bills of credit, and of making anything but gold 
and silver coin a legal tender in payment of debts (73). 

Representative Money. Paper money must not be confused 
with money paper or representative money. When tobacco 
was used as money in the colonies, it was customary to store 
large quantities of the weed in warehouses and give the 
depositor a receipt for the amount deposited. This ware- 
house receipt passed from hand to hand as money. It was 
not paper money, for it could be redeemed for intrinsic 
money— tobacco. A very large part of the money now 
in circulation among us resembles those tobacco receipts, 
and consists of printed certificates stating that there has 
been deposited in the treasury of the United States a certain 
quantity of gold or silver which the holder of the certifi- 
cate may obtain by presenting the certificate at the treasury 
for redemption. Representative money has been invented 
to save the trouble of carrying and handling the real money. 

QUESTIONS ON THE TEXT 

1. What is the meaning of barter? Name some of the inconveniences 
of barter. 

2. Why did the colonists of Virginia use tobacco a^ money? What 
other commodities were used by the colonists as money? 

3. Give the reasons why silver and gold ai'e universally used as money. 

4. Give an account of coinage in America during the colonial period. 
What is the provision in the Constitution in respect to coinage? 

5. Give a definition of paper money. What is legal tender? 

6. What v^^as the experience of the colonists ^vith paper money? 
What is a bill of credit? Give an account of paper money issued dur- 
ino; the Revolution? 



310 THE AMERICAN GOVERNMENT 

7. What does the Constitution say about the issue of paper money? 

8. What is representative money? Contrast representative money 
with paper money. 



SUGGESTIVE QUESTIONS AND EXERCISES 

1. Let us suppose that in 1615 a pound of tobacco in Virginia would 
purchase a bushel of corn; if five years later a pound of tobacco could 
be raised with half the labor that it formerly took, while a bushel of 
corn required the same amount of labor, how much corn could be pur- 
chased in 1620 for a pound of tobacco? Why would a pound of tobacco 
in 1620 have less purchasing power than in 1615? Is the purchasing 
power of a piece of money proportional to the labor that has been 
spent in obtaining it? 

2. A man went to EHondike and secured enough gold dust to make 
$5,000 in coin. Describe the travel, the hardships, the labor which the 
money represented. 

3. If a gold-mine as rich as Klondike should be discovered in every 
State how could the production of gold be affected? Would prices be 
higher or lower after the discovery? What relation exists between 
prices and the amount of money in circulation? If iron were used as 
money would prices be high or low? 

4. What properties have diamonds that would make them suitable 
as a medium of exchange? What properties do they lack? 

5. In what places is gold produced in large quantities? Where are 
the largest silver-mines? 

6. Do gold and silver fluctuate in value like cotton and sugar? 
Compare the price of wheat, silver, cotton, beef and sugar during the 
last ten years and determine in which commodity there have been the 
greatest variations in value. 

7. Does the laborer buy money with his labor? Does the capitalist 
buy labor with his money? Does the farmer buy money \^^.th his wheat? 

8. Would you accept a ten-dollar gold piece upon the condition that 
you were not to use it as money? Would it be worth while to accept 
a ten-dollar bill upon similar conditions? 

9. Is legal-tender paper money worth more or less than the paper 
upon which it is printed? 

10. Name all the different kinds of money you have seen. 

Topics for Special TForfc.— Money as a Tool in Exchange: 20, 98-107. 
Development of Metallic Money: 21, 224-233. 



XLI 

METALLIC CURRENCY 

Definition of "Currency." The term currency includes all 
money, whether metallic or paper, which circulates at its 
face value. Mexican silver dollars are money, but they 
are not currency in the United States, for they do not cir- 
culate here unless at a discount. The currency of the 
United States consists at present of gold coin, certificates 
representing gold, silver dollars, certificates representing 
silver, subsidiary silver— coins of bronze and nickel. United 
States notes (greenbacks), and national bank notes. It 
will be the purpose of this chapter to give an account of 
that portion of our currency which consists of metal or 
certificates representing metal. 

Coinage before 1873. We have seen that the experience 
of the Americans with paper money previous to the forma- 
tion of the Constitution had been very unsatisfactory, and 
that after the adoption of that instrument a State was 
no longer permitted to issue paper money. The new Gov- 
ernment was strongly inclined to a metallic currency, and 
in 1792, when establishing a mint, enacted a coinage law 
providing : 

''That it shall be lawful for any person or persons to 
bring to the said mint gold or silver bullion in order to 
their being coined . . . free of expense to the person or 
persons by whom the same shall have been brought. And 
as soon as the said bullion shall have been coined the per- 
son or persons by whom the same shall have been delivered, 

311 



312 THE AMERICAN GOVERNMENT 

shall upon demand receive in lieu thereof coins of the 
same species of bullion which shall have been so delivered, 
weight for weight, of pure gold or silver therein contained. 

"That all gold and silver coins which shall have been 
struck (stamped) and issued from said mint shall be a 
lawful tender in all payments whatsoever." ^ 

The relation which was to exist between the value of 
gold and that of silver was stated in these words : ' ' Every 
fifteen pounds weight of pure silver shall be equal value 
in all payments with one pound of pure gold." The law 
of 1792 thus provided for free coinage of gold and silver 
at the ratio of fifteen to one. A dollar of gold contained 
24.75 grains of pure metal, and a dollar of silver 371.25 
(15 X 24.75) grains. 

The mint continued to coin the precious metals at the 
ratio of fifteen to one until the year 1834, when it was 
found that fiiteen pounds of silver v/as not worth one 
pound of gold. About this time one pound of gold in 
foreign markets was worth nearly sixteen pounds of silver. 
The holders of gold, therefore, were not willing to pay 
it out in the United States, where it was worth but fifteen 
pounds of silver, just as farmers would not be willing to 
exchange a bushel of wheat for seventy-five cents in the 
home market when they could get eighty cents elsewhere. 
As a result of the overvaluation of silver (or the under- 
valuation of gold) there came into operation a monetary 
principle which is known as ''Gresham's Law," and which 
is usually stated as follows: ''Bad money tends to drive 
out good money, but good money cannot drive out bad." 
This law does not mean that either silver or gold is of it- 
self either good or bad. It means that people will pay 
their debts and purchase articles with the cheapest money 
available, and that they will either hoard or send abroad 
the dearer money. Under the law in force before 1834 
silver was driving gold from circulation, because every- 
body who could do so was holding back his gold and pay- 
ing his debts and making his purchases in silver. 
^ Statutes at Large, p. 246. 



METALLIC CURRENCY 313 

In order to bring gold back into circulation, Congress 
in 1834 reduced tbe weight of the gold dollar to 23.22 grains 
of pure metal, allowing the silver dollar to remain 371.25 
grains. The ratio thus established was (nearly) sixteen to 
one— a ratio at which the two metals have ever since been 
coined. Under this law the free coinage of both metals 
continued as before. 

It was soon found that the new ratio of sixteen to one 
overvalued gold, and "Gresham's Law" again came into 
operation. This time, since gold was the cheaper money, 
silver was driven from circulation. In 1850 a silver dollar 
was worth $1.02 in gold, and after the discovery of gold 
in California* the relative value of silver was still higher. 
As a consequence, between 1837 and 1873 but little silver, 
except in the form of subsidiary coins (see below), was 
coined. 

Coinage since 1873. In 1873— an important date in our 
monetary history— Congress discontinued the free coinage 
of silver,^ and established as the unit of value the gold 
dollar of the weight of 23.22 grains of fine gold with one 
tenth of alloy to prevent abrasion. In the same year Ger- 
many withdrew large quantities of silver from circulation, 
and in the following year several other European countries 
began to restrict the coinage of silver. About this time 
immense deposits of silver were discovered in Nevada, and 
cheaper methods of extracting the metal from the ore were 
invented. The production of silver increased, and the de- 
mand for it at mints decreased. The result was that in 
the years following 1873 there was a marked decline in 
the value of silver as compared with gold. 

The unpopularity of the demonetization of silver (i.e., 
the refusal of the government to coin the metal into 

^ The act which discontimied the coinage of tho rooriilaj- silver dollnr 
provided for tho coinas^e of a ''trade doUar" of 420 grains of silver. 
Tliis coin was intende(! for circulation in China. It was legal tender 
to tho amount of fivo dollars until 1S76, when Congress took away its 
legal tender character altogether and in 1878 ceased to coin it. It has 
c"itircly disappeared from cir«'uiAtipu. 



314 THE AMERICAN GOVERNMENT 

money) caused Congress in 1878 to pass the ''Bland- Alli- 
son Act," which provided "that the government should 
buy not less than two million dollars' worth, and not more 
than four million dollars' worth of silver bullion each 
month, and coin it into silver dollars, these to be full legal 
tender." Under this act a great deal of silver was coined, 
but there was not unlimited free coinage as there had been 
prior to 1873. The law of 1878 continued in force for 
twelve years, and under its workings $378,166,793 in silver 
was coined. Of this sum $57,000,000 entered circulation as 
metallic silver dollars. The remainder was deposited in 
the vaults of the treasury and silver certificates (represen- 
tative money) were issued against it. 

In 1890 the ''Bland- Allison Act" was repealed and the 
law known as the "Sherman Act" was passed. This law 
provided that the Secretary of the Treasury should pur- 
chase at its market value 4,500,000 ounces of silver each 
month and pay for the same with treasury notes. Under 
this law 168,000,000 ounces of silver were bought, 36,000,- 
000 silver dollars coined and $156,000,000 of treasury notes 
issued. These treasury notes of 1890 were legal tender and 
could be presented by the holder to the Secretary of the 
Treasury and be redeemed either in silver or gold at the 
discretion of that officer. 

In 1893 the government of India demonetized silver, an 
act which lowered its price all over the world. In the 
same year the gold reserve — a sum of $100,000,000 which 
the government kept on hand to redeem the treasury 
notes and the greenbacks (p. 322) with— began to di- 
minish day by day. These and other discouraging facts 
produced the impression that the Secretary of the Treasury 
would not long be able to redeem the treasury notes and 
greenbacks in gold, and the holders of these kinds of cur- 
rency, becoming alarmed, presented them in large sums 
for redemption, always demanding gold. The treasury 
faithfully redeemed in gold, but the fear that the reserve 
would be exhausted and that silver, a dollar of which was 



METALLIC CURRENCY 315 

worth only sixty-seven cents, would be the only money 
available for redemption purposes, led to a panic in the 
financial world, and this led to the repeal of the purchasing 
clause of the '* Sherman Act," and thus the issue of trea- 
sury notes ceased. 

Since 1893 coinage has been on a gold basis. No silver 
bullion has been purchased at the mints since that date, 
although a considerable portion of that which was bought 
under the Sherman Act has been coined as Congress has 
from time to time directed. Under a law of 1900 gold was 
made the standard unit of value and no provision was 
made for the coinage of silver ^ other than that which was 
already in stock. Silver dollars and silver certificates, 
however, are still legal tender, and it is the declared policy 
of the government to keep them on a parity with gold, that 
is to say, when silver certificates are presented to the 
treasury for redemption it is the policy of the govern- 
ment to redeem them in gold at their face value, and 
if silver dollars are presented for exchange they will be 
exchanged for gold, dollar for dollar. The coinage of 
gold is free. 

Subsidiary Coinage. The account of the coinage which 
has been given has referred to coins of a denomination of 
one dollar and upwards. Silver coins of a denomination 
of less than a dollar have been issued ever since the estab- 
lishment of the mint. These are known as subsidiary coins 
or fractional currency, and consist of the familiar half- 
dollar, quarter-dollar and dime. These are legal tender 
to the amount of ten dollars. In the half-dollar there are 
173.61 grains of pure metal, and proportional weights in 
the quarter-dollar and dime. Below the subsidiary silver 
are the minor coins of base metal, the five, three and one 
cent piece, which are legal tender to the amount of twenty- 
five cents. 

* The gi)vernmeiit still purelinaes silver for subsidiary coinage 
and for coins used in the riiilippino Islands. 



316 THE AMERICAN GOVERNMENT 

Bimetallism and Monometallism. The demonetization of 
silver has been the cause of fierce political controversy. 
Many people called bimetallists believe that the United 
States should permit free and unlimited coinage of both 
gold and silver at a ratio fixed by law. It is contended 
by the bimetallists : 

1. That there is not enough gold produced in the world 
to supply the requirements of business. 

2. That a double standard prevents prices from fluctu- 
ating ; that when one metal begins to be scarce and its pur- 
chasing power begins to rise the other metal will take its 
place and restore prices to a level. 

3. That the low price of silver is due to legislation; that 
if the free coinage of silver should begin again its price 
would rise. 

4. That under gold monometallism there has been a gen- 
eral fall of prices, and that this fall has imposed unjust 
burdens upon the debtor classes. 

The monometallists, or those who believe in the single 
gold standard, reply : 

1. That the supply of gold is increasing fully as rapidly 
as the demands of trade. 

2. That bimetallism is impossible; that even if you coin 
the two metals, one of them will always be the standard, 
and that one the cheaper; that Gresham's Law is unal- 
terable. 

3. That legislation cannot regulate the price of silver 
or of any other commodity ; that silver is cheap because the 
supply is large and the demand small. 

4. That the fall in prices is due not to the scarcity of 
money, but to the improvements in methods of production ; 
furthermore, that in making contracts we are bound to 
incur risks, and that sometimes the debtor class profits by 
the change in price and sometimes the creditor class profits 
thereby. 

International Bimetallism. Many people who believe in 
the principle of bimetallism do not think it would be 



METALLIC CURRENCY 317 

wise for the United States to throw its mints open to the 
free coinage of silver unless the great nations of the world 
should do likewise. These usually advocate international 
bimetallism, a scheme under which the principal govern- 
ments of the earth are to agree to make both metals legal 
tender at a fixed ratio and allow free coinage of both. 
The champions of this policy argue that if the law should 
everywhere recognize so much silver as being worth so 
much gold it would be possible to keep both metals in cir- 
culation, for there would be no inducement either to hoard 
or send abroad either metal. The further arguments of the 
international bimetallists are those of the national bimetal- 
lists stated in the preceding section. 

Several monetary conferences consisting of representa- 
tives of the leading nations have endeavored to agree upon 
a plan by which silver may be remonetized and inter- 
national bimetallism accomplished, but the efforts of these 
conferences have not been rewarded. The currency law 
of 1900 while making gold the single standard declares 
that nothing in the law shall be construed as unfavorable 
to international bimetallism. 

QUESTIONS ON THE TEXT 

1. What is meant by the term ''currency"? Illustrate. 

2. State the provisions of the coinage law of 1792. What do you 
understand by the free coinage of a metal? 

3. Explain ' ' Gresham 's Law. ' ' Illustrate its workings in our mone- 
tary history. 

4. Wliat led to the depreciation of silver after 1873? What were the 
^ ' trade dollars ' ' ? 

5. What were the provisions of the ''Bland-Allison Act"? 

6. What were the provisions of the "Sherman Act"? 

7. What circumstances led to the repeal of tlie "Sherman Act"? 

8. What is the law at present in respect to cbitiage! 

9. What arc the subsidiaiy coins? What is the number of grains of 
silver in a quarter? in a dime? 

10, What is meant by himetaUism? State the arguments for and 
against this policy. 

11. What is meant by internatioiml bimetaUi<sm / What are the argu- 
ments of those who favor this policy? 



318 THE AMERICAN GOVERNMENT 



SUGGESTIVE QUESTIONS AND EXEECISES 

1. Tlie law of 1792 quoted in the lesson says: ''Every 15 lbs. weight 
of pure silver shall have equal value in all payments with one lb. of 
pure gold." Why 15 to 1? Why not 10 to 1, or 20 to 1? 

2. If a government should open its mints to the free coinage of sil- 
ver and copper, what ratio would be established between the two metals? 
(Use the market quotations found in the newspaper.) 

3. If under the bimetallic scheme suggested in 2 the copper-mines 
should be suddenly exhausted, how would ''Gresham's Law" operate? 

4. What was the ''crime of '73"? 

5. How many grains of silver in a silver half-dollar? Are two silver 
half-dollars worth one silver dollar? Do they contain as much silver 
as a silver dollar? 

6. If you are worth your weight in gold how many dollars are you 
worth? 

7. Which do you see more frequently— gold or silver certificates? 
What was the smallest amount for which you ever saw a gold certificate? 
the largest amount? What was the smallest amount for which you 
ever saw a silver certificate? the largest amount? 

8. How many grains of gold is the silver in a silver dollar worth? 
(See market price of silver.) Why is it that a silver dollar readily ex- 
changes for a gold dollar? 

9. Is the amount of gold produced annually increasing or decreas- 
ing? Does this fact favor the monometallist or the bimetaUist? What 
facts favor the position of the monometallist? What facts favor the 
position of the bimetaUist? 

10. Procure, if possible, a gold certificate, a silver certificate and a 
treasury note of 1890 ^ and bring them to class for the purpose of study. 
According to the language on its face what metal would you get for 
the gold certificate if you should present it at the treasury for redemp- 
tion? What metal would you get for the silver certificate? Suppose 
you knew you could get gold for your treasury note if you asked for 
gold, would you regard it as good as a gold certificate? Suppose you 
understood that the government's supply of gold for redemption pur- 
poses was running low, what would you be inclined to do with your 
treasury note? Suppose you should burn your gold certificate, would 
the government gain or lose? 

Topics for Special TForZ;.— Bimetallism: 21, 303-313. The Demoneti- 
zation of SHver : 22, 403-413. 

^ Under the currency law of IS 00 treasury not^ are being withdrawn 
from circulation and silver certificates are being issued in their place. 
It may be difficult, therefore, to procure a treasury noibe. 



XLII 

PAPER CURRENCY 

Bank Notes and Government Notes. In addition to the 
metallic currency described in the last chapter we have 
in circulation a large volume of paper currency. This 
consists of hank notes and United States notes. A bank 
note is a promissory note, payable on demand, made and 
issued by a bank and intended to circulate as money. Whe- 
ther a bank note will circulate as money or not ordinarily 
depends upon the reputation of the bank and upon its 
ability to pay the note when presented for payment. If 
those persons to whom the note is offered have no faith 
in the bank's promise they will not receive the note, and its 
circulation is thereby made impossible. A United States 
note (greenback) is a form of paper money issued by the 
federal government and based upon the credit and good 
faith of the country. It is a legal tender for all debts 
public and private. 

The United States Banks. The financial plans of Hamilton 
included the organization of a bank in which the new 
federal government should have a direct interest. Such 
a bank, he claimed, would make it easier for the govern- 
ment to obtain loans, would make it more convenient for 
the individual to pay his taxes to the government, and 
would furnish a safe depository for the government's funds. 
But could the federal government, under the Constitution, 
establish banks? Hamilton contended that it could, claim- 
ing authority under the ''elastic clause." Madison eon- 
tended that the scheme for a government bank was "con- 

319 



320 THE AMERICAN GOVERNMENT 

demned by the silence of the Constitution ; was condemned 
by the rules of interpretation arising out of the Constitu- 
tion; was condemned by its tendency to destroy the main 
characteristics of the Constitution. ' ' ^ Jefferson also bit- 
terly opposed the bank scheme, but Hamilton was victori- 
ous in Congress and in 1791 the first Bank of the United 
States was chartered for a period of twenty years. Its 
capital was $10,000,000, of which sum the government 
subscribed $2,000,000, becoming thereby an active part- 
ner in the banking business. The notes issued by the 
bank were receivable in payment for all debts due to the 
United States. The bank was prosperous, but when its 
charter expired in 1811 its enemies were too strong for it 
and it failed to secure a renewal of its charter. The notes 
(paper money) which the first bank issued amounted to 
$5,000,000, but when the bank closed they were paid and 
cancelled and thus passed out of existence. 

In 1817 Congress, recognizing the assistance which a gov- 
ernment bank might give in financing the war debt of 1812, 
chartered the second Bank of the United States for a term 
of twenty years, contributing one fifth of the $35,000,000 
of capital. Andrew Jackson opposed this bank with all 
his might and succeeded in preventing a renewal of its 
charter, which expired in 1837. The notes of this bank, 
like those of the first, were redeemable in coin and were a 
legal tender for all debts due to the government. The 
charter permitted a circulation of $35,000,000 in notes, 
but the largest amount issued was $25,000,000. The notes 
of this second bank did not always pass at their face value, 
but in the end they were all redeemed and removed from 
circulation. Since 1837 the federal government has not 
been interested as a partner in any bank. 

State Banks. The real enemies of the Bank of the United 
States were the banks which were chartered by State au- 

^ In 1820 the Supreme Court of the United States decided tkat the 
federal government has the right to establish banks. 



PAPER CURRENCY 321 

thority. There were three of these in existence at the 
time of the establishment of the government, and in 1837, 
when the Bank of the United States was crushed, there 
were nearly eight hundred. The State banks issued bank 
notes, but these could not be legal tender, the Constitution 
providing that no State can make anything but gold and 
silver a legal tender (73). The notes of the State banks 
were like the promissory notes of an individual, one could 
accept them or not as one pleased. After the downfall 
of the Bank of the United States in 1837 a very large part 
of the currency of the country consisted of the notes of the 
State banks. In some States the banks were kept under 
strict control and were compelled to keep on hand sufficient 
specie with which to redeem their notes, but in a number 
of States there were no such safeguards and "wild-cat" 
banks issued notes regardless of their ability to redeem 
them. The outstanding notes of State banks in 1860 
amounted to over $200,000,000. 

In 1865 Congress passed a law imposing a tax of ten per 
cent, on the circulation of State banks. The purpose of this 
tax was to strengthen the new national bank system (see 
below) by driving the notes of the State banks out of cir- 
culation. The law succeeded in its purpose. "The power 
to tax is the power to destroy." State banks redeemed 
and cancelled their outstanding notes and ceased to issue 
new ones. We still have State banks,^ but they do not 
issue bank notes, because they cannot afford to pay the 
tax. 

National Banks. The Civil "War was not far advanced be- 
fore it was plain that the State banks could not meet the 
financial demands of the hour. In 1861 the New York banks 
suspended — ceased to redeem their notes in specie— and 
the national government could no longer borrow gold from 
them. Accordingly, in 1863 Congress created a system of 

^ It is estimated that there are about 7000 private and State 
bauks in the United Stales. 
21 



322 THE AMERICAN GOVERNMENT 

national hanks, which became the basis of our banking 
system as it exists at present. The national banking law 
of 1863 has been modified from time to time, but its essen- 
tial features ha^e remained unchanged. Our national 
banking system as it is to-day may be described as follows : 

(1) National banks with a capital of $25,000 may be 
organized in towns of less than 3000 inhabitants ; in towns 
of more than 3000 and less than 6000 inhabitants the capital 
must be $50,000 ; in places of more than 6000 and less than 
50,000 inhabitants it must be $100,000; in places of more 
than 50,000 it must be $200,000. 

(2) The organizers of a bank (not less than five in num- 
ber) must purchase United States bonds equal in amount 
to at least one fourth of the capital of the bank and de- 
posit these bonds with the comptroller of the currency at 
Washington. The bank remains the owner of these bonds 
and receives interest from them. 

(3) The bank receives from the comptroller national 
hank notes equal in amount to the par value of the bonds 
deposited. These bank notes are not legal tender; they 
are promises to pay— like the old notes of the State banks ; 
like any bank note, in fact. 

(4) The bank notes are secured by the bonds in the pos- 
session of the Treasurer of the United States. If a bank 
should fail in business and be unable to redeem its notes 
in legal tender money, the comptroller will sell the bonds 
and get the money with which to redeem the notes. A 
bank note is thus as good as a government bond, as good 
as the government itself. Banks frequently fail, but the 
holders of their notes have never lost a dollar by reason 
of the failure.^ 

United States Notes. We come now to the paper currency 
issued by the government.^ It has been seen that during 

* Under the national banking laws nearly 7000 banks have organized 
with a total issue of about $700,000,000 in bank notes. 

* During the War of 1812 the federal government issued $36,000,000 
in interest-bearing treasury notes, but these were not legal tender. 
They were all redeemed after the war closed. 



PAPER CURRENCY 323 

the Civil War the federal government issued large quan- 
tities of inconvertible paper money, making the same 
a legal tender (p. 308). The notes thus issued are officially 
known as United States notes, but they are popularly 
called greenbacks, a name given to them on account of the 
green color of their backs. These greenbacks have played 
an important part in our financial and political history 
during the past forty years. 

In all $449,000,000 in greenbacks was issued. When the 
war was over the government began to destroy them when 
they came into the treasury, just as one destroys a promis- 
sory note when it is paid. The policy of retirement (de- 
struction) of the greenbacks continued until 1868, when 
the people demanded that the retirement should cease; 
they said the greenbacks were needed in business. Con- 
gress obeyed the demand and ceased to retire the green- 
backs. 

Now that the greenbacks were to remain in circulation 
it was necessary to make them as good as gold. During 
the war and the years immediately following it they had 
been below par; a dollar in greenbacks could not be ex- 
changed for a dollar (23.22 grains of gold). In 1875 Con- 
gress passed a measure, the purpose of which was to make 
the greenbacks as good as gold. This was the Redemption 
Act, which provided that after January 1, 1879, the Secre- 
tary of the Treasury should resimie specie payments, or, in 
other words, should redeem greenbacks in gold, dollar for 
dollar, whenever they should be presented at the treasury 
for redemption. To enable him to do this he was per- 
mitted to sell bonds for gold and keep this gold in the 
treasury as a reserve set apart especially for redemption 
purposes. The result was that greenbacks began to circu- 
late at par. When redemption day arrived the Secre- 
tary had on hand more than $100,000,000 of gold, but no 
greenbacks were presented. The knowledge that they 
were as good as gold satisfied everybody and no gold was 
demanded. 

What was to be done with the greenbacks after they were 



324 THE AMERICAN GOVERNMENT 

redeemed? Congress in 1878 answered this question by 
providing that when a greenback was redeemed in specie 
it '^ should not be retired, cancelled or destroyed, but 
should be re-issued and paid out again and kept in circu- 
lation. ' ' ^ The greenbacks in circulation at this time 
amounted to $346,000,000, and this amount has never been 
materially decreased. 

Under the Sherman Act of 1890 (p. 314) the treasury 
notes as well as the greenbacks could be presented for re- 
demption. In 1893 there were $150,000,000 of these notes, 
and the sum was increasing. Here was $500,000,000 of 
papei: money, greenbacks and treasury notes together, and 
only $100,000,000 of gold with which to redeem it. As 
we have seen (p. 314), this condition of affairs alarmed the 
financial world and there was a rush to the treasury with 
greenbacks and treasury notes. The reserve fell rapidly, 
and the Secretary (in 189^1895) was compelled to sell 
bonds (borrow money) to the amount of $262,000,000, in 
order to keep the gold reserve at the $100,000,000 mark. 
Under the currency law of 1900 the gold reserve must be 
$150,000,000, and United States notes are redeemable at 
the treasury in gold. 

Why have not the greenbacks been retired as they have 
been redeemed 1 The friends of the greenbacks answer that 
to retire them would contract the currency, would make 
money scarce, and thus lower prices; that we need more 
money, not less money. The enemies of the greenbacks say 
that they ought to have been retired long ago, and that 
under a sound system of financiering they would have been 
retired; that they have already cost more than their face 
value, and that they will be a source of danger as long as 
they exist. 

Another question: Did Congress have the right under 
the Constitution to issue paper money as legal tender? 
The Supreme Court of the United States in 1884 an- 
swered this when it declared that ''Congress has the 

^ 20 Statutes at Large, p. 87. 



PAPER CURRENCY 325 

constitutional power to make the treasury notes of the United 
States a legal tender in payment of public and private debts 
in time of peace as well as in times of war." This power, 
the court averred, was incident to the power of Congress to 
borrow money, and was a power which any sovereign gov- 
ernment could lawfully exercise. 

Emergency Currency. The Aldrich Law passed in 1908 
provides for an emergency currency to be issued in time of 
panic or extraordinary financial depression. This law au- 
thorizes the organization of banking associations throughout 
the country and permits these associations to deposit with the 
Treasurer of the United States, State, municipal, and county 
bonds, and receive therefor bank notes amounting to ninety 
per cent, of the value of the bonds deposited. The emer- 
gency money issued in this way must not exceed $500,000,000 
at any particular time. In order that it may be driven out of 
circulation as soon as the panic has passed, the emergency 
currency is taxed at the rate of five per cent, per annum for 
the first month, six per cent, per annum for the second 
month, and so on, the tax increasing month by month until it 
amounts to ten per cent, per annum. The Aldrich Law ex- 
pires in June, 1914. 

The Essential Facts of our Monetary System. We are now 

prepared to understand the following summary of our 
monetary system : 

(1) The federal government has complete control of all 
currency issues and may issue legal tender paper money as 
well as gold and silver currency. 

(2) The gold dollar of 23.22 grains is the unit of mone- 
tary value, and the coinage of gold is free. The amount of 
gold coined from year to year is wholly a matter of private 
initiative. Government does not regulate it. The amount is 
regulated by supply and demand— the supply of gold bul- 
lion and the demand for gold coin. 

(3) Silver dollars and silver certificates, the treasury 



326 THE AMEEICAN GOVERNMENT 

notes of 1890, and United States notes (greenbacks) are 
exchangeable for gold at their face value upon presentation 
at the treasury of the United States. 

(4) This redemption is made possible by the reserve fund 
of $150,000,000 in gold which the government keeps in its 
vaults. 

(5) The paper money, when redeemed with gold, is again 
used by the government in the payment of its debts, and thus 
again finds its way into circulation. 

(6) The volume of money in circulation is increased by 
the coinage of gold at the mints and by the notes issued by 
banks, and, in times of great financial stringency, by the 
banking associations established by the Aldrich Law. 

(7) Bank notes are as good as gold because the govern- 
ment bonds, and other approved bonds which secure them 
are as good as gold. 

The Amounts of the Several Kinds of Currency. The fol- 
lowing table prepared by the comptroller of the treasury 
shows the general stock of money in the United States, April 
1, 1909 : 

Gold $1,645,422,056 

Silver 563,861,812 

Subsidiary silver - . 153,845,035 

Treasury notes of 1890 4,398,000 

United States notes 346,681,016 

National bank notes 684,407,615 

Total $3,398,615,534 

QUESTIONS ON THE TEXT 

1. What is a bank note? a government note? 

2. For what purposes did Hamilton establish a government bank? 
Give an account of the first and second banks of the United States. 

3. Give an account of State banks prior to the Civil War. 

4. In what matters did the State banks fail to meet the financial 
needs of the government during the Civil War? 

5. Describe the present national bank system. 

6. Give an account of the paper money issued during the Civil War. 

7. Give an account of the resumption of specie payments. 



PAPER CURRENCY 327 

8. What was done with the greenbacks when they were redeemed? 

9. Give an account of the drain on the gold reserve in 1893. 

10. Why are the greenbacks not destroyed as fast as they are re- 
deemed? What are the arguments for and against retirement? 

11. What was the decision of the Supreme Court in reference to the 
right of Congress to issue paper money? 

12. What are the provisions of the Aldrich Law? 

13. What are the essential features of our monetary system? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. If you had $100 in a bank and owed a man living at a distance 
$26.87, how would you be likely to pay the debt? Is a bank check 
currency? Does it take the place of currency? A, B and C meet. A 
owes B $5, B owes C $5, and C owes A $5. A draws a check for 
$5 and pays B; B pays C with the check; C pays A with the check. 
After the transaction is finished and each has a receipt A remembers 
that he hcd no money in the bank. Can a debt be paid writhout money? 

2. Draw a promissory note. Compare the language of the note with 
that found on a national bank note. Under what conditions would 
you accept the promissory note in payment of a debt? How is a bank 
note secured? 

3. Study what is printed on a bank note and answer the following 
questions: Is it legal tender for aU debts? What is the penalty for 
counterfeiting it? When and where was it issued? Where was it 
printed? 

4. Suppose a bank note which you hold should be destroyed, would 
the bank gain by reason of the accident? 

5. Study what is printed on a United States note and answer the 
following questions: In what year did Congress authorize it to be is- 
sued? Is it a legal tender? What is the punishment for counterfeit- 
ing it? It says: "will pay the bearer five dollars": What did these 
words mean at the time the note was issued? What do they mean now? 

6. How much currency per capita is in circulation in the United 
States? How much per voter? 

7. How is the volume of currency increased as more is needed? 

Topics for Special TTorfc.— Government Paper Money: 21, 263-269. 
Greenbacks and Kesumption : 22, 359-378. The National Banks and the 
Panic of 1907 : 30, 467-469. 



XLIII 

FOREIGN COMMERCE 

Introductory. Commerce is the exchange of goods, mer- 
chandise, or property of any kind. All governments find 
it necessary to regulate commerce. In the United States 
power in respect to commerce is divided between the State 
and the federal government. Foreign commerce, interstate 
commerce and commerce with Indian tribes (47) are regu- 
lated by Congress, while the regulation of commerce car- 
ried on wholly within the boundaries of a State is the 
function of the State government. The subject of the regu- 
lation of commerce, therefore, may be treated appropri- 
ately under three heads: (1) Foreign Commerce, (2) Inter- 
state Commerce and (3) Intrastate Commerce. In this 
chapter the first of these topics receives attention. 

The Power of Congress over Foreign Commerce. Under 
the Confederation commerce with foreign nations was in 
a confused and disordered condition. Each State had its 
own custom-house and levied such duties on imports as it 
deemed expedient. There was no uniformity in the cus- 
toms rates and the commercial warfare between the sev- 
eral ports along the coast was destructive. To remedy 
these evils the Convention of 1787 placed the regulation 
of foreign commerce wholly in the hands of the national 
government. Of course it was asking a great deal of a 
port like New York to give up its custom-house receipts, 
yet patriotism in the Convention prevailed, and the States 
gave up their power to collect customs duties (74). 

328 



FOREIGN COMMERCE 329 

The power of Congress over foreign commerce is limited 
in only two particulars: (1) It must deal fairly with all 
the ports of the country, and not give one port a preference 
over another (68) ; and (2) it must not lay any tax or duty 
on articles exported from any State (67). 

The power of government to regulate commerce is con- 
strued very broadly and extends not only to the goods ex- 
changed and to the agencies of transportation, but to the 
movement of persons as well. Congress, therefore, in the 
exercise of its constitutional power can do much to in- 
fluence the character of our foreign commerce and to shape 
its course. Indeed, Congress can prohibit foreign com- 
merce altogether, as was illustrated by the non-importation 
act of 1806, and by the embargo act of 1807. Under the 
non-importation act foreign goods could not be brought 
into the country, and under the embargo act vessels could 
not leave the harbors of the United States. 

Of the many regulations of Congress in respect to for- 
eign commerce the most important refer to the 'tariff, to 
shipping, and to immigration. 

The Tariff; Free Trade and Protection. As heretofore 
stated, it has always been the policy of the United States 
to raise a large part of the national revenue by means of 
a tariff or duty laid on imported goods (p. 274). On what 
principle shall the tariff be laid? Shall every imported 
article be taxed at the same rate, or shall some be taxed 
at a high rate and others at a low rate? Shall some kinds 
of goods be allowed to come in free? 

Prom the beginning of our national history to the present 
time two distinct policies have been advanced in reference 
to foreign goods: (1) the free-trade policy and (2) the pol- 
icy of protection. The adherents of the free-trade policy, 
regarding free commercial intercourse between nations as 
a good thing in itself, contend that taxes on foreign goods 
should be levied, not with the view of keeping the goods 
out of the country, but with the view of raising the ueces- 



330 THE AMERICAN GOVEENMENT 

sary revenue, and with that view only. The adherents of 
the protective policy, desiring to protect home producers 
from competition with foreign goods, would levy the cus- 
toms, not so much with the view of raising revenue, as with 
the view of at least discouraging importations. 

The essence of the free-trade argument is that, under nor- 
mal conditions of production and competition, a country 
will satisfy its needs with the least possible effort. Those 
things that can be produced with the greatest economy at 
home will be so produced, and any surplus will be exchanged 
abroad for what other nations can produce with less of 
effort. Commerce between two countries, each of which 
produces according to its natural resources, is always prof- 
itable to both countries, the free-traders contend, for each 
country exchanges that which it wants less for that which 
it wants more. The argument of the protectionist is that 
by imposing high import duties upon certain classes of 
goods and thereby partly or wholly keeping them out of 
the country you encourage the production of those goods 
at home, and this encouragement results in new occupations 
and in a diversified industry at home. The additional pro- 
ducers thus called into being by the protective tariff are 
also consumers, and they buy at least a part of the country's 
surplus. Another argument for protection is based upon 
the difference in the standards of comfort and rates of 
wages in different countries. If there were no tariff hin- 
drances the lower standard and the lower wage would be 
given the advantage in competition and workmen would 
suffer as a result. 

Tariff Legislation in the United States. The first act that 
was passed by Congress relating to foreign commerce 
(p. 274) imposed moderate duties on the commerce of all 
nations. Its main object was to raise revenue, although 
it had mild protective features. The active principle of 
protection was first seen in a law passed in 1816. After 
the War of 1812 the English manufacturers rushed into 



FOREIGN COMMERCE 331 

cur markets with their goods ''as if to the attack of a 
fortress." To shut out some of these goods and protect 
American manufactures a duty of twenty-five per cent, 
was placed upon woolen and cotton goods, and thirty per 
cent, upon certain other goods, notably upon carriages, 
shoes and paper. These high duties were not imposed for 
the sole purpose of raising more revenue; they were im- 
posed for the protection of the home market. 

By 1824 a change had taken place in the attitude of the 
different sections of the country in respect to the tariff. 
The South had become an important producer of cotton, 
and it felt that the tariff interfered with the profits of 
the trade in cotton exports. The South, therefore, was 
opposed to a protective tariff. The West, on the other 
hand, was anxious for manufacturing centers in which 
to dispose of agricultural products and favored a protec- 
tive tariff. The growth of manufactures in New England 
and the increase of the iron business in Pennsylvania gave 
a firmer hold to the protective policy in those quarters. 
As a result of these various interests the tariff rates were 
increased in 1824 to an average of thirty-seven per cent. 

Political considerations had entered into the tariff act 
of 1824. In 1828, when Congress passed a new tariff act, 
complications arising out of the presidential fight gave the 
bill a still more distinct political complexion. The act 
as passed increased the tariff on manufactures to an aver- 
age of forty per cent, and increased considerably the duty 
on raw materials. The tariff of 1828 was bitterly opposed 
in the Southern States, because in those States there were 
few manufacturing interests to be protected, and because 
it was to the interest of the South to have free trade with 
England, the principal customer for Southern cotton, hemp 
and tobacco. The tariff of 1828— the Tariff of Abomina- 
tions it was called— was accordingly overhauled in 1832. 
Rates were reduced, and the attempt was made to con- 
ciliate the South by reductions on goods needed on the 
plantations. The duty on cotton goods remained the same 



332 THE AMERICAN GOVERNMENT 

as before, and the rate on woolen goods was increased to 
fifty per cent. There was still a distinct adherence to the 
protective principle. 

The South was by no means appeased. South Carolina 
even threatened secession from the Union. To allay this 
intense opposition Clay came forward and pushed through 
Congress the compromise tariff of 1832. This bill pro- 
vided for a gradual reduction of the tariff, so that by 1842 
the average duty had become reduced to twenty per cent. 
This rate did not produce enough revenue, and in 1842 
duties were increased to the level of the tariff of 1832. 

In 1846, when the revenues were more than were needed, 
Robert L. Walker, the Secretary of the Treasury, proposed 
and had carried through Congress a bill which brought 
a general reduction in the tariff rates. Cotton goods, 
woolen goods and iron were affected chiefly by the reduc- 
tion. A tariff bill in 1857 reduced the tariff ratio to a point 
lower than it had been since the inauguration of the pro- 
tective system in 1816. The panic of 1857 brought about 
a falling off in the revenues of the country. In 1861 the 
Morrill bill was passed to remedy this difficulty, although 
the chief motive back of this bill was protection to manu- 
factures. 

The Civil War brought frequent increases in the duties. 
The climax of tariff legislation appeared in the act of 
1864. This act was intended to increase the revenues and 
to establish the protective system more firmly than ever. 
The average rate of duties was increased to 47.06 per cent. 
Between 1864 and 1890 various attacks were made upon 
the protective policy, but without marked success. 

The McKinley bill, which Congress passed in 1890, car- 
ried the protective principle beyond any of the preceding 
acts. A slight reaction came in 1893 when the Democratic 
party was restored to power, but the resulting tariff bill 
(the Wilson bill, 1894) introduced only one striking inno- 
vation — the removal of the duty on wool. In 1897 the Re- 
publican party returned to power and passed the Dingley 



FOREIGN COMMERCE 333 

bill, which in some directions went further with the pro- 
tective principle than the McKinley bill went.^ 

The above sketch shows four things: (1) the protective 
principle, in the long run, has gained ground, (2) the tariff 
has always been an important issue in politics, (3) it is 
exceedingly difficult to frame a tariff law that is satis- 
factory to all sections, (4) our tariff policy has been a 
fluctuating one. 

It is regrettable that our tariff regulations are not more 
stable. Commercial interests doubtless suffer more from 
repeated changes in the tariff than they would from a per- 
manently high tariff or from a permanently low tariff. 

Regulations of Foreign Shipping. In its regulations affect- 
ing vessels engaged in foreign trade Congress has always 
aimed to protect and promote American shipping interests. 
Only vessels built within the United States and wholly be- 
longing to citizens thereof can be registered as American, 

1 In 1909 the Payne Tariff slightly reduced some of the schedules of 
the Dingley Law. The operation of the present tariff may be fairly 
well learned from the following table prepared by the Bureau of 
Statistics. 

Ad 

Articles Value Duties collected ^^f^ 

rate 

Sugar $101,435,108.04 $57,024,675.34 56% 

Wool and woolen goods 70,736,936.98 41,900,692.95 59% 

Cotton manufactures 67,938,880.18 38,076,761.07 56% 

Fibers and goods made of fibers 61,440,741.37 22,427,670.18 36% 

Iron and steel manufactures . . 37,548,287.71 12,375,245.99 33% 

Silk manufactures 33,083,666.91 17,675,021.40 53% 

Tobacco manufactures 30,481,468.84 24,124,339.21 79% 

Chemicals, drugs and dyes .... 30,934,400.55 7,346,884.01 23% 

Spirits, wines and liquors 23,896,157.83 17,572,334.56 74% 

Fruits and nuts 21,223,009.68 8,438,755.54 40% 

Lumber 23,768,077.11 2,070,641.13 9% 

All other dutiable articles 283,828,502.12 77,305,584.08 27% 

Total dutiable $786,315,237.32 $326,238,605.46 41% 

The table shows the customs revenue for the fiscal year 1910. The 
eleven classeis of articles enumerated in the table paid about three fourths 
of the entire customs duties. 



334 THE AMERICAN GOVERNMENT 

unless by a special act of Congress. Moreover, unless a 
vessel is officered by Americans it cannot fly the American 
flag. Vessels engaged in foreign commerce must as a rule 
pay into the federal treasury an annual tonnage tax— a 
tax on the carrying capacity estimated in tons— but this 
tax is made to fall more heavily on foreign vessels than on 
those registered as American. Foreign vessels cannot en- 
gage in the coasting trade, or in trade between the United 
States and its insular possessions. For the benefit of com- 
merce as well as for the saving of human life the federal 
government supports the life-saving service which patrols 
the coast and sends out life-boats and throws out life-lines 
to save the passengers and cargoes of vessels in distress. 

The Eegulation of Immigration. Since passengers as well 
as goods are- included in the term commerce, immigration 
is regulated by Congress. During the greater part of our 
history we encouraged immigration, for in the development 
of our country we needed all the brain and muscle we could 
get. Had it not been for the millions of immigrants who 
have come to us from England, Ireland, Scotland, Germany, 
Norway, Sweden, France, Italy, a large part of our country 
would still be a wilderness. 

About 1880 Americans began to feel that immigration 
on a large scale was no longer desirable, and demanded 
that restraints be placed upon the admission of foreign- 
ers. First the Chinese were excluded. In 1882 Con- 
gress, in defiance of a treaty with China, prohibited Chinese 
laborers from coming into the United States, and but 
few of these people have entered since the exclusion law 
was passed. In the same year Congress ordered that the 
character of all immigrants be looked into and commanded 
that convicts, lunatics, idiots and other persons not able 
to take care of themselves should not be admitted into the 
United States, but should be sent back at the expense of 
the owners of the vessels upon which they came. By 



FOREIGN COMMERCE 335 

a law of 1885 it is made unlawful for certain classes of 
laborers to enter thie United States, if they have previously 
entered into a contract to perform labor here, and any 
person brought here under a contract to perform labor 
can be sent back at the expense of the vessel which brings 
him here. As a further hindrance to immigration the tax 
imposed on immigrants has been increased from fifty cents 
per head to four dcllars per head. These restrictive laws 
have had the effect of checking immigration to some ex- 
tent, but they have by no means solved the immigration 
problem : they have by no means been successful in keeping 
out all undesirable foreigners and letting in only those 
whose presence is beneficial. 

QUESTIONS ON THE TEXT 

1. How is power in respect to commerce divided? 

2. What is the extent of the power which Congress has over foreign 
commerce? 

3. What is meant by free trade? by protection? Give the leading 
argument for free trade; for protection. 

4. Sketch the course of tariff legislation in the United States. 

5. What may be learned from the history of our tariff ? 

6. What regulation has Congress made in respect to foreign ship- 
ping? 

7. Give an account of our immigration policy. 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Name the articles of commerce which can be easily produced in 
the United States. Name those articles which cannot be easily pro- 
duced. 

2. Compare graphically the volume of the commerce of the United 
States with that of each of the leading countries of the world. (See 
' ' Review of World 's Commerce ' ' issued by the Bureau of Foreign Com- 
merce ; also ' ' Statesman 's Year Book. ' ') 

3. What class of business men suffer when the tariff is suddenly 
raised? when it is suddenly reduced? 

4. What is meant by reciprocity? What are subsidies? bounties? 

5. To what four countries do we sell the most? From what four 
countries do wo buy the most? 



336 THE AMERICAN GOVERNMENT 

6. What do you think should be the policy of the United States in 
reference to immigration? 

7. What is the present policy of each of the political parties in ref- 
erence to the tariff? 

8. In what way will the Panama Canal be likely to benefit the for- 
eign commerce of the United States? 

Topics for Special TForfc.— The Protective Tariff: 20, 491-503. Re- 
striction on International Trade: 21, 387-410. Immigration: 27, 68- 
111. The Payne-AIdrieh Tariff: 30, 441-448. 



XLIV 

DOMESTIC COMMERCE 

Interstate and Intrastate Commerce. Domestic commerce 
is that which is carried on within the United States, and 
consists of interstate commerce and intrastate commerce. 
It is not easy to draw clearly the line which separates 
interstate from intrastate commerce. Broadly speaking, 
when a commercial transaction begins in one State and 
ends in another, that transaction is a subject of interstate 
commerce, but when a commercial transaction begins and 
ends in the same State it is a subject of intrastate com- 
merce. When a merchant ships his goods to a point within 
a State he engages in intrastate commerce ; when he ships 
them to a point outside of the State he is engaged in 
interstate commerce. A railroad which has its termini 
and the whole length of its tracks within the State cannot 
be regarded as being engaged in interstate commerce, 
but a railroad which has its termini in different States 
must be so regarded. A river lying wholly within a State 
and having no connection with bodies of water extending 
beyond the boundaries of the State— a thing which rarely 
ever occurs— is an instrument of intrastate commerce, but 
a river wholly within a State connecting with navigable 
waters that extend beyond the boundaries of the State is 
regarded as an instrument of interstate commerce. Does 
a certain commercial act or a certain instrument of com- 
merce, a river, a canal, a railroad, concern one State or 
more than one? If it concerns one State only it is an affair 
22 337 



338 THE AMERICAN GOVERNMENT 

of intrastate commerce ; if it concerns more than one State 
it is an affair of interstate commerce. 

The Regulation of Interstate Commerce. During the pe- 
riod of the Confederation, commerce between the States 
was subjected to many inconveniences and burdens. Goods 
brought into one State from another were treated as if 
they were goods from a foreign country. When the New 
Jersey farmer carried his produce to New York he was 
met by the tax-collector and compelled to pay a tax upon 
what he had to sell. When a vessel from Baltimore sailed 
into the harbor of Boston its master was liable to be called 
upon to pay tonnage before unloading his cargo. We 
have seen (p. 46) that it was unsatisfactory trade relations 
between Virginia and Maryland that led to the calling of 
the Annapolis Convention, and that this led to the calling 
of the Constitutional Convention of 1787. 

The men of the convention treated the whole subject 
of commerce with a firm hand. They gave to Congress 
complete power to regulate commerce between the States 
(47). They forbade a State to lay tonnage (76) or any 
export or import duty without the consent of Congress 
(74). Within its borders a State can regulate its commerce 
in its own way, but goods and passengers that are on their 
way from one State to another are placed under the regu- 
lation of the federal government. 

The power of Congress over interstate commerce is com- 
prehensive and far-reaching. It extends to the instruments 
of commerce, — to canals and vessels and railways and tele- 
graph lines, and to the persons engaged in it, as well as to 
the articles of commerce themselves. Under the provisions 
of the interstate commerce clause a State is not permitted 
to discriminate by taxation or otherwise against residents 
of other States, or against business carried on by them 
in the State. A State can interfere with interstate traffic 
only so far as it may be necessary to exercise its police 
power (p. 390). 



DOMESTIC COMMERCE 339 

The Interstate Commerce Commission. With the view of 
remedying evils that had been creeping into interstate 
commerce, Congress in 1887 established the Interstate Com- 
merce Commission (p. 143) and clothed it with some sub- 
stantial powers in reference to the regulations of railroads. 
The law which created this commission requires that freight 
and passenger rates shall be just and reasonable, that there 
shall be no discrimination between persons and localities; 
it provides that there shall be proper facilities for the in- 
terchange of traffic between connecting lines; it forbids 
the issuance of free interstate passes ; it requires that rail- 
roads print and make public their freight and passenger 
rates. A supplemental law (the Elkins law, passed in 
1903) forbids rebates and provides that rates lower thaii 
those published shall not be charged. It is the duty of the 
Interstate Commerce Commission to carry these provisions 
into effect. 

In 1906 Congress gave the Commission, upon the com- 
plaint of an interstate shipper (or passenger), the power to 
do away with a rate which it regards as unjust or unreason- 
able, and to fix a new rate which it regards as just and 
reasonable. In 1910 Congress went a step further and em- 
powered the Commission to make investigations of its own 
motion, and when it finds certain rates u.nreasonable and 
unjust, to change them, even though there has been no com- 
plaint whatever. Moreover, by the law of 1910 new rates 
may be suspended in their operation by the order of the 
Commission, and if they are found by that body to be unjust 
and unreasonable they cannot go into operation at all. The 
railroads, however, may appeal to the Court of Commerce. 

Intrastate Commerce. The power of the State over com- 
merce which concerns only the people within its borders 
is unlimited. It is the custom of all the States to permit 
groat freedom in commercial transactions and to foster the 
growth of commerce. For the encouragement of commerce 
the State, or the locality acting for it, maintains high- 



340 THE A]\iEKICAN GOVERNMENT 

ways,^ improves rivers and harbors,^ constructs canals, 
and in rare instances builds and operates railroads. The 
great Erie Canal owned and operated by the State of New 
York is the most remarkable instance of State canal build- 
ing, although many other States, notably Ohio, Indiana, 
Illinois and Michigan, have aided their commerce by con- 
structing canals. 

The most important factor of commerce is transportation, 
and transportation for the most part begins upon a com- 
mon highway, upon a paved street or upon a country road. 
The construction of roads and streets and bridges is almost 
everywhere a function of the local government, the town- 
ship or county or municipality. In a few States the high- 
ways are being taken out of the hands of local authorities, 
and are being placed under the control of the State govern- 
ment. This is the case in Maine, Massachusetts, Rhode 
Island, Connecticut, New York, New Jersey, Pennsylvania, 
Maryland, and Delaware. Roads in these States are con- 
structed in part at least under the supervision of State road 
commissioners, and the cost is apportioned to the State, the 
county and the local district. The State-aid policy in refer- 
ence to highways is also meeting with favor in several of the 
States of the Middle West. 

Next to the highways, steam railroads and electric-car 
lines are the most important instruments of State com- 
merce. Railroads ordinarily receive their charters from 
the State, although several transcontinental lines have been 
chartered by Congress. Sometimes the State not only 
charters the railroad, but also assists with money in its 
construction. As a rule, however, the States have kept out 
of the railroad business, and have allowed the railroads to 

^ The old Cumberland road extending from Cumberland, Maryland, to 
Wheeling, West Virginia, and thence through Columbus, Ohio, to Van- 
dalia, Illinois, was built by the federal government (1806-1818), but its 
operation was left to the States through which it passed. 

^ The improvement of rivers and harbors is a function of the federal 
government also, and Congress habitually appropriates large sums for 
this purpose. 



DOMESTIC COMMERCE 341 

be constructed by private enterprise. Nevertheless, rail- 
roads demand a large share of attention upon the part 
of the State, and in two thirds of the States there are 
State railroad commissions. These State railroad commis- 
sions perform for- intrastate commerce services similar to 
those performed for interstate commerce by the Interstate 
Commerce Commission; they see that the railroads do not 
favor one locality or one individual at the expense of an- 
other, that they publish their rates, and that they con- 
form generally to the constitution and the laws of the 
State. In several States the railroad commission deter- 
mines where stations are to be located, and supervises the 
construction of crossings. 

The Transmission of Intelligence. Closely allied to the 
subject of commerce is the transmission of intelligence. 
The transmission of intelligence by the telegraph (or tele- 
phone) is an affair of State control when the message is 
not sent outside of the State, but a telegraphic message sent 
from one State to another is an affair of interstate com- 
merce and comes under federal regulation. 

The universal instrument of transmitting intelligence is 
the post-office, the right hand of commerce, and one of 
the greatest forces of civilization. In colonial times there 
was a regular system of postal communication between 
the colonies, and the old Congress of the Confederation 
maintained a line of posts that extended from New Hamp- 
shire to Georgia. The Convention of 1787 placed the postal 
system under the control of the federal government (51), 
and in 1794 Congress established the Post-office Department 
as one of the great executive branches. 

In addition to the transmission of intelligence the post- 
office renders several other valuable services. It main- 
tains a registry system which reaches every post-office in 
the world and which insures the safe transit and delivery 
of letters and packages; it conducts a money-order system 
by which money may be transmitted to all parts of the 



342 THE AMERICAN GOVERNMENT 

world cheaply and with safety; it hastens the delivery of 
mail by means of a special delivery system; it sends by a 
'^parcels post" packages (weighing less than eleven pounds) 
to twenty- three designated foreign countries ; and it manages 
a system of postal savings-banks. 

QUESTIONS ON THE TEXT 

1. Diastinguish between interstate and intrastate commerce. 

2. What were the hindrances to interstate commerce during the period 
of the Confederation? 

3. What are the powers of Congress in reference to interstate com- 
merce ? 

4. Give an account of the powers and duties of the Interstate Com- 
merce Commission. In what respect are the powers of this commission 
insufficient ? 

5. What are the powers of the State in respect to intrastate com- 
merce ? 

6. To what government is the construction of roads usually assigned? 
In what States does the State government assist in the construction of 
roads? 

7. How does the State usually treat the subject of railroads? 

8. Give an account of the services of the post-office department. 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. What does the constitution of this State say about commerce? 

2. What are the constitutional provisions in this State in reference 
to railroads? in reference to roads? 

3. Prepare a five-minute paper on The Value of Good Eoads. 

4. Does this community suffer on account of bad roads? If so, in 
what way does it suffer? 

5. Prepare a five-minute paper on The Commerce of Your State, 
naming the principal articles of its commerce, describing its commer- 
cial centers, its highways, its railways and its Avaterways. 

6. Name six great railway systems engaged in interstate commerce. 

7. Do you think the federal government should assist in road build- 
ing? 

8. How much money did the federal government spend last year on 
the improvements of rivers and harbors? What share of this money 
did this State receive? 

9. What effect has the Erie Canal had on the commerce of the 
United States? 

10. Examine the map of the United States and determine where ca- 
nals beneficial to commerce miglit be constructed. What would be the 



DOMESTIC COMMERCE 343 

probable effect on commerce of a canal connecting the Mississippi Biver 
and the southern waters of Lake Michigan? From what quarter would 
opposition to such a canal come? 

11. Name the great inland centers of commerce in the United States. 
Describe how the commerce of each may have been influenced (1) by 
rivers, (2) by canals, (3) by roads, (4) by railroads. 

12. Debate this question : The telegraph business should be conducted 
by the post-office department. 

Topics for Special TTorfc.— Government Control of Eailroads: 21, 
361-372. The Post-Office Department: 16, 176-187. The Public Nature 
of Eailroads: 20, 534-543. Origin of the American Eailway: 26, 13- 
23. The Power of Congress to Control Interstate Commerce: 30, 483- 
485. The Court of Commerce and the Federal Incorporation Law: 30, 
497-502. 



XLY 

ELECTIONS 

The Importance of Elections. The holding of elections 
is plainly a proper function of government, for it is through 
the election that the people express their will, and what- 
ever passes as an expression of the popular will should have 
upon it the stamp of government. In a democracy there is 
no task of government that requires a more faithful and 
honest performance than the holding of elections, for on 
election day popular government is on trial. In the polling- 
booth the people either justify their right to rule or declare 
democracy a failure. For this reas©n the election should 
be the purest of political institutions. Election officers 
should be men of the highest character, and election laws 
should be the embodiment of justice and fairness. Cor- 
rupt practices at elections should be punished with the 
greatest severity, for a fraud upon the ballot-box is treason 
to democracy, and should incur a penalty suitable to so 
great a crime. 

Elections Conducted by State Authority. We have learned 
that the right of suffrage and the qualifications of voters 
are determined by State authority (p. 103). The holding 
of elections is also almost entirely an affair of the State. 
The only instance of the power of the* federal government 
to participate in the management of elections is seen in 
the right of Congress to make regulations concerning the 
elections held for choosing representatives (24). Under 
this clause of the Constitution Congress could doubtless 

344 



ELECTIONS 345 

provide for an almost complete control of the election of 
representatives, but it has refrained from using its power 
to the fullest extent. It has been content merely to appoint a 
day (p. 124) on which the elections of representatives shall 
be held, and to require the division of the State into dis- 
tricts, leaving all other matters to the State. This accords 
with the American principle of a decentralized government. 

Registration. The real work of preparation for election 
day is accomplished by the voluntary action of political 
parties. One step in the work of preparation, however, 
is taken under the direction of government. This is the 
registration of voters. 

All the States but four provide for a system of regis- 
tration,^ by which the qualifications of those who wish to 
vote are ascertained several weeks before election day. 
When a person who has been duly registered presents him- 
self at the polls as a voter, the election officials, with the 
registration book before them, have little trouble in satis- 
fying themselves of his right to vote. There is no doubt 
that registration is a great enemy of fraudulent voting. 

The Casting and Counting of the Ballots. In nearly every 
State the first Tuesday after the first Monday in November 
is general election day. On this day the voters repair to 
the polls to elect whatever officers are to be elected, and 
to vote upon any questions that may be referred to the 
people. For convenience the counties and cities are sub- 
divided into election districts or precincts, a precinct usu- 
ally containing several hundred voters. The election is 
conducted by the election officers of the district, judges 

* Eegistration is required in New York iu villages and cities of 5,000 
inhabitants and upward; in Towa in cities of over 8,500; in Nebraska in 
cities of over 7,000; in Kentucky iu cities and towns of over 3,000; in 
Ohio and Kansas in cities of first and second class; in Missouri in 
cities of over 100,000; in Wisconsin in villages of over 2,000; in Texas 
in cities of over 10,000. In Arkansas, Indiana, New Hampshire, and 
West Virginia registration is not required. 



U6 THE AMERICAN GOVERNMENT 

(moderators) and clerks, who are either elected by popu- 
lar vote, or are appointed by a duly constituted authority. 

The voting goes on during the hours of dajdight, and in 
most of the States is conducted according to the Australian 
system. The voter enters a little booth and prepares his 
ballot while alone. ^ He makes a cross mark opposite each 
of the names of the candidates for whom he wishes to vote, 
folds his ballot in such a way that no one can see how 
he has voted, and, emerging from the booth, hands the 
ballot to an election officer who, in the presence of the 
other officers, and in the presence of the voter, drops it into 
the ballot-box. Thus the voter, if he desires to do so, can 
cast his ballot in perfect secrecy. 

The counting of the votes begins in the evening imme- 
diately after the polls are closed. The results of the 
election in the several precincts are sent to certain county 
(or city) officers, who determine the results of the vote 
in the entire county and issue certificates of election to 
the successful candidates. When State officers, or congress- 
men, or circuit judges, or presidential electors are voted 
for, county authorities send the results of the vote in the 
several counties to State officers, who determine the gen- 
eral result and issue certificates to the successful candi- 
dates. 

The Advantages and Disadvantages of Secret Elections. 

The secret ballot, as we have it to-day, is an invention of 
recent years. Men of middle age remember when it was 
the universal custom to cast the ballot openly, and when 
election officers and bystanders could readily tell how a 
man voted. Under the open ballot system, bribery was 
simple and easy. The bribe-giver personally conducted 
the bribe-taker to the ballot-box and saw that he voted 
the way he was paid to vote. The open ballot also invited 
intimidation. Employers could inform their employees 

* In ten States voting machines have made their appearance and 
are used to a limited extent. 



ELECTIONS 347 

as to how it was desirable that they should vote, and 
could keep watch at the polls, and if an employee voted 
contrary to the wishes of an employer he was liable to suffer 
for his independence. To check bribery and intimidation 
the Australian or secret system of voting has been adopted. 
It cannot be denied that the secret ballot makes intimi- 
dation and bribery more difficult than they were under the 
older plan, and due praise must be accorded to a system 
that decreases these evils. Nevertheless it must be ac- 
knowledged that secret voting is not an unmixed blessing. 
It tends to discourage a spirited, aggressive citizenship. A 
man who knows that if he will guard his tongue well his 
neighbor will not be able to tell for what candidate or for 
what party he intends to vote is tempted to conceal his 
political opinions in order to escape any disagreeable con- 
sequences that might attend an expression of them. In 
other words, secret voting tends to smother and deaden 
rather than to awaken and strengthen a public spirit in the 
individual. Again, the secret ballot may be used to work 
revenge or to express personal dislike or to vent personal 
spleen or to give effect to some other unworthy motive 
of a private nature. In the secrecy of the polling-booth 
private considerations will often induce a man to deal mean 
little blows that he would be ashamed to deal if the light 
of publicity were beating upon his actions. 

Bribery. The most persistent and dangerous enemy of 
honest elections is the bribe-giver. Bribery is as old as 
selfishness and ambition. Because the sons of Samuel took 
bribes (b.c. 1100) ancient Israel was hurried into monarchy. 
Pretorian guards of Rome, seduced hy gold, raised a usur- 
per to the imperial throne (193 a.d.), and at once the glory 
of the greatest empire the world has seen began to grow 
less. In England bribery increased with the growth of 
representative government, and in Shakspere's time it 
was causing the hands of Englishmen *'to shrink up like 
withered shrubs." Parliament enacted laws aj^ainst bri- 



348 THE AMERICAN GOVERNMENT 

bery at an early date, but the laws were outwitted. Homely 
verses written nearly two hundred years ago declare the 
truth, that mere legislation will not prevent bribery : 

The Laws against Bribery provision may make, 
Yet means will be found both to give and to take ; 
While charms are in flattery, and power in gold. 
Men will be corrupt and Liberty sold. 

In America, as in England, bribery has been fought in 
all the ways known to law-makers. In some States penal- 
ties against bribery are stated in the constitution, in others 
stringent acts for the prevention of corrupt practices at 
elections have been enacted. In all the States bribery 
is punishable as a crime, and in a few States the bribe- 
giver is made equally criminal with the bribe-taker. A 
civil officer of the United States convicted of bribery is 
removed from office (104). 

Besides the opposition which government has directed 
against it, bribery is the object of much moral crusading. 
Anti-bribery societies exist for the purpose of prosecuting 
and convicting bribe-givers and bribe-takers; candidates 
offer themselves for election on anti-bribery platforms ; the 
pulpit denounces bribery as bitterly as it was denounced by 
the prophets of old; the press exposes bribery and heaps 
scorn upon the guilty. 

The fact that bribery thrives here and there in spite 
of law and public sentiment should not discourage the 
opponents of the evil. Bribery, like some other kinds of 
crime, is an ever present foe, and the fight against it must 
go on and on. We must not make the mistake of thinking 
that legislation and denunciation and opposition are of 
no use, for they are of the greatest use. If it were not for 
anti-bribery laws and anti-bribery movements, if it were 
not for the ceaseless fight against bribery, the electorate 
would suffer an undermining by the hands of the bribe- 
giver that would doubtless lead to our downfall. We are 



ELECTIONS 349 

not doing a vain thing when we fight bribery, but a very- 
necessary and a very useful thing. 

The Usefulness of Frequent Elections. Under representa- 
tive government the election is the all-important institu- 
tion; all that is good and all that is bad in our political 
life flows through the ballot-box. To be present at the polls 
on election day, if possible, is the first duty of citizenship. 
We hear people complain of the frequency of elections. 
They tire of politics and grudge the time it takes to vote, 
and they wish officers were elected for longer terms so 
that election day would not come around so soon. Such 
people advance a most dangerous doctrine. If elections oc- 
curred only at long intervals, the people, absorbed in their 
private affairs, would gradually come to know and think 
and care less and less about their government, and they 
would grow more and more willing that respo'nsibility for 
its management should pass out of their hands. This would 
be the straight road to despotism. Frequent elections, on 
the other hand, keep the minds of the people fixed upon 
their officials and upon the doings of government, and in 
this way citizenship is kept vigilant and strong. It is 
politically wholesome to vote at least once a year. A long 
interval between elections would mean the decay of repre- 
sentative government. 

QUESTIONS ON THE TEXT 

1. Why is the holding of elections a highly important function of 
government 9 

2. Under what authority are elections held? To what extent does 
the federal government have authority over elections? 

3. What are the purposes of registration? 

4. Describe the method of casting and counting ballots. 

5. What are the advantages and disadvantages of the secret ballot? 

6. What can you say of the persistence of bribery in the history of 
polities? 

7. What forces operate to check the evil of bribery? 

8. Why should the practice of holding elections at short intervals be 
continued? 



350 THE AMERICAN GOVERNMENT 



SUGGESTIVE QUESTIONS AND EXEECISES 

1. Wliat does the constitution of this State say about elections? 
What does it say about bribery? 

2. If there is a corrupt practices act in force in this State bring a 
copy of it into the class for ejxamination. If such an act is not in 
force frame one. 

3. Should candidates tor public office be compelled to give an account 
of their election expenses? 

4. How much better is the bribe-taker than the bribe-giver? 

5. Bring into the class for examination a ballot used at a recent 
election. 

6. Name something that you as an individual can do to assist in pre- 
venting bribery. 

7. Who said : * ' Where annual elections end tyranny begins ' ' ? What 
do these v/ords mean? 

8. What are the regulations in this State in reference to registration? 
Does the constitution of the State say anything about registration? 

Topics for Special TForfc.— Bribery: 25, 138-161. Voting on Elec- 
tion Day: 25, 80-119. The Short Ballot: 30, 384-391. A Corrupt 
Practices Act: 80, 513-518. Primary Election Legislation: 30, 378-384. 



XLYI 

EDUCATION 

Education a Function of Government. The school as a 
social institution is almost as important as the family. 
Indeed, the school is simply an extension of the family. 
Parents, instead of educating their children themselves, 
place them under the care of teachers to whom they trans- 
fer during school hours the parental authority. In all en- 
lightened countries governments have found it wise either 
to supervise more or less closely or to control the educa- 
tion of youth. So generally is this true that we are justi- 
fied in calling education a function of government. No 
government, however, assumes complete control in matters 
of education; no just government denies to the parent the 
right to educate the child in the home, but it is a proper 
function of government to require that the child receive 
a certain minimum of instruction somewhere, either in the 
home or in the school. 

Education and Democracy. In a democracy the very life 
of the State is dependent upon the intelligence of the 
masses. Since an ignorant electorate is the most danger- 
ous of foes, school-houses in America are as important as 
a means of defense as are armies and navies. The truth 
that the safety of a nation is to be sought in the virtue 
and intelligence of its citizens has been recognized by 
statesmen at every stage of development of American in- 
stitutions, although practical measures for the general 
diffusion of knowledge have often been unduly postponed. 

351 



352 THE AMERICAN GOVERNMENT 

The growth of the public-school system in the United 
States has been coincident with the growth of democracy. 
During the colonial period, in several of the colonies en- 
couragement and aid were given to public schools, but the 
masses of children were not reached. It was not till the 
people began to come forward as the real masters of gov- 
ernment that provision was made for the education of all 
the children of a community. As democracy grew stronger 
public schools became more numerous, and at last it became 
the policy of every State to furnish free of charge an ele- 
mentary education to every child within its borders. The 
movement for the education of the masses has met with 
astonishing success. There are to-day in the public schools 
of this land more than sixteen millions of children prepar- 
ing for the duties of citizenship under the guidance of 
nearly half a million of teachers at an annual expense of 
more than a quarter of a billion of dollars. 

Public Education Controlled by the State. Nothing is said 
in the Constitution about education. The States reserved 
to themselves the management of their schools. In the 
constitution of each State provision is made for a public- 
school system. This provision is usually made in the 
broadest terms. The constitution of Massachusetts, which 
was adopted in 1780, and which is the oldest written con- 
stitution in the world now in force, declares that ' ' wisdom 
and knowledge as well as virtue, diffused generally among 
the body of the people, being necessary for the preserva- 
tion of their rights and liberties, and as these depend upon 
the opportunities and advantages of education, ... it 
shall be the duty of the legislature and magistrates in all 
future periods of this commonwealth to cherish the inter- 
ests of literature and the sciences and all the seminaries 
of them; especially the University at Cambridge, public 
schools and grammar schools in the towns." Upon this 
broad constitutional foundation a magnificent and elabo- 
rate public-school system has been slowly reared. The more 



EDUCATION 353 

recent constitutions are occasionally somewhat specific in 
reference to education, yet as a rule their language is broad 
and general, like that of the constitution of Massachusetts. 
It is a settled policy to leave the details of education to the 
legislature. 

Education a Local Affair. As it has been the custom of 
constitutions to leave the details of educational policy to 
the legislature, so it has been the custom of the legislature 
to leave the details of school management to the local 
government. The legislature usually passes a general 
school law which provides for the election or appointment 
of certain school officers, and states in general terms the 
powers and duties of these officers. The State law may 
further specify the manner in which text-books shall be 
furnished to pupils, the branches which shall be taught, the 
limits of the tax which may be levied for school purposes, 
the ages between which children may attend school, and 
the qualifications of teachers. Further than this the legis- 
latures usually do not choose to go in their control of 
the schools ; they are content to leave many things to be at- 
tended to by the local authority. 

In most of the States school management is a separate 
and distinct branch of public service. School officers are 
independent of other public officers, school elections are 
held on special days, school taxes are levied and collected 
distinct from other taxes. This is not always the case, 
but, speaking generally, school government is decentralized 
and local. Each community is permitted to manage its 
schools in pretty much its own way. 

The School District. The school sj^stems of no two States 
are precisely alike, and even within the same State there 
are sometimes several plans of school government in opera- 
tion. Everywhere, however, there is a unit of school gov- 
ernment which we may conveniently designate as the 
school district. This district may be a small rural area, 

23 



354 THE AMEEICAN GOVERNMENT 

within which there is but one school-house and one teacher ; 
it may be a township with several schools ; it may be a city 
with numerous schools. In each district there is a govern- 
ing body known by different names in different States, but 
most frequently called the school board. 

The local board usually has large powers of control. 
It appoints teachers, locates and erects school buildings, 
makes rules for the guidance of teachers and pupils, selects 
the text-books, and sometimes prescribes a course of study. 
In many States the officers of the district fix the rate of 
.taxation which is levied for school purposes. In the ex- 
ercise of these important functions they are limited and 
restrained at certain points by State law, but very fre- 
quently these limitations and restraints do not bear heavily 
upon them. 

School Supervision. In the county there is usually a su- 
pervising school official known as the County Superinten- 
dent.^ The duties of this officer have been stated (p. 200). 
A large town or city frequently has its own superintendent 
of schools, and when this is the case the supervision of 
the county superintendent does not extend to the schools 
of the town or city. The State Superintendent, who is 
in a sense a supervising officer, and the State Board of 
Education, which has a few supervising powers, have re- 
ceived notice heretofore (p. 173). 

Under the regulations of a few States, school supervision 
means a control that is quite close and complete; often, 
however, the superintendent has only a shadow of author- 
ity. The superintendent of a single district, as of a city, 
frequently exercises real power, but a superintendent of 
a large area consisting of a number of districts, or embrac- 
ing perhaps an entire State, seldom can do more than sug- 
gest or advise. The spirit of local self-government, which 
is so strong when manifesting itself in school matters, 
makes it difficult for a superintendent from the outside to 

^ In New York and Michigan the officer is called a commissioner. 



EDUCATION 355 

manage affairs within the district. Indeed, it is only in a 
few States that the law gives substantial authority to any 
officer outside the district. 

The Support of the Public Schools. The local features 
of school government extend to the matter of taxation for 
their support. Nearly three fourths of the vast sum ex- 
pended upon public education in the United States is raised 
by local taxation. This means that the people of a com- 
munity vote to take from their own pockets money for the 
support of the schools of the community. This fact alone 
would explain the affection in which the public schools are 
held. The people feel that the schools are their own be- 
cause they contribute directly to their support. 

Public school revenues which are not raised by local 
taxation are derived from various sources. One important 
source is the State school tax, so frequently levied.^ The 
operation of this tax is as follows: The legislature levies 
a tax on all property of a certain class within the State, 
and when this has been collected it is distributed to the 
counties or districts throughout the State according to 
a certain rule, usually according to the number of children 
of a school age. Under the workings of the State school 
tax, money is collected from all parts of the State, each 
locality contributing according to its ability; the money 
is then diffused over the entire State, each locality receiving 
according to its needs. In this way the wealthier commu- 
nities help the poorer ones. 

In most of the States an important school revenue con- 
sists of interest derived from permanent State funds 
which have been acquired by the sale of public lands. 
In the origiual States the revenue derived in this waj^ 
is not large, but in the admitted States the public lands 
have been the life-giving principle of the public-school 

* In several States tlie legislature appropriates a lump sum and dis- 
tributes this to the several school districts. Peuusylvauia distributes 
annually $7,500,000 in this way. 



356 THE AMERICAN GOVERNMENT 

system. It will be remembered that one of the clauses of 
the Ordinance of 1787 declared that ''schools and the 
means of education should be forever encouraged" (p. 65). 
In conformity with the spirit of the ordinance, whenever 
a new State was admitted, Congress, which had control 
of public lands, set aside section No. 16 in every town- 
ship ^ as belonging to the public schools. Since 1848 when- 
ever a new State has been admitted section No. 36 has also 
been dedicated to educational purposes. These lands have 
been given to the State legislatures for the use of the 
schools, and when they have been sold to private pur- 
chasers the proceeds have been invested. The interest ac- 
cruing from the investments is distributed among the 
schools annually. 

Common Schools, High Schools, Universities and Normal 
Schools. The State first provides for a system of common 
scJiools, in which the fundamental branches may be taught. 
The curriculum of these schools includes reading, spelling, 
writing, arithmetic, grammar, geography and history. 
Above the common schools almost every State supports a 
system of high schools, in which pupils may receive instruc- 
tion in the natural sciences, in literature, history and civics, 
in the higher mathematics, and in the ancient and modern 
languages. To crown its educational system the State fre- 
quently maintains a university which its youth may attend 
without charges for tuition. To provide a supply of com- 
petent teachers for its common schools the State usually 
supports one or more normal schools. 

The Educational Activities of the Federal Government. 

Under its power to provide for an efficient army and navy 

* A township in the West usually consists 
of a traet of land 6 miles square. Each 
square mile is a section. There are, there- 
fore, in a township 36 sections. These 
are numbered as indicated in the accom- 
panying figure. 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


2~8 


27 


26 


25 


31 


32 


33 


34 


35 


36 



EDUCATION 357 

the federal government supports and controls two great 
training-scliools, the Military Academy at West Point and 
the Naval Academy at Annapolis.^ 

Each congressional district in the United States (also each Territory 
and the District of Columbia), is entitled to send one cadet to the Mili- 
tary Academy. In addition to these, each State is entitled to two cadets 
at large and the United States, forty cadets at large. The appointment 
of a cadet from a congressional district is made upon the recommenda- 
tion of the congressman from the district; cadets from the State at 
large are recommended by the senators of the State, and those from 
the United States at large are appointed by the President. The mid- 
shipmen at the Naval Academy are apportioned and appointed in the 
same way as the cadets, except that the United States has only five naval 
cadets at large. 

Candidates for both these schools must be physically sound and of 
robust condition. Candidates for the Military Academy must not be 
under 17 nor over 21 years of age and must undergo an examination in 
the common branches, algebra through quadratic equations, physical 
geography, the outlines of general history and physiology and hygiene. 
The pay of a military cadet is $709.50 a year. Candidates for the 
Naval Academy must not be under 16 nor over 20 years of age and 
must undergo an examination similar to that set for applicants for 
entrance to the Military Academy. The pay of a naval cadet is $600 a 
year. The course of the military cadet is four years; that of naval 
cadets six years. 

We have seen how great has been the liberality of the 
federal government in granting lands to the common 
schools. It has been equally generous in its encouragement 
of higher education in the new States. It is estimated that 
more than twenty million acres of the federal public lands 
have been devoted to the support of colleges of agriculture 
and the mechanic arts. Congress appropriates annually 
the sum of twenty-five thousand dollars to each State (or 
Territory) for the benefit of an agricultural college. 

The chief educational officer of the federal government is the Com- 
missioner of Educatiou, who has charge of the Bureau of Education, a 

^ In addition to these schools the federal government supports and 
controls certain Indian schools. It also maintains a system of elemen- 
tary schools in our insular possessions. 



358 THE AMERICAN GOVERNMENT 

subdivision of the Department of the Interior. Owing to the complete 
separation of the State and federal governments in respect to education, 
the duties of this national officer are confined to the collection of edu- 
cational statistics and to the publication of these and other matters of 
interest to school people. This bureau has charge of public education 
in Alaska. 

QUESTIONS ON THE TEXT 

1. To what extent is education a function of government? 

2. What can be said of the importance of education in a democracy? 
Trace the growth of popular education in the United States. 

3. Where is the authority for public education located? How do 
State constitutions usually treat the subject of education? 

4. What is the attitude of the legislature toward the management of 
the schools? To what extent does the legislature control the schools? 

5. What is meant by the school district? What are the powers of 
the officers of the district? 

6. Name the several supervising officers of a school system. When 
does the superintendent really control in school affairs? 

7. From what source is the greater part of school revenues derived? 
Explain the State school tax. Give an account of the revenues derived 
from the sale of public lands. 

8. Describe each of the several grades of schools supported by the 
State. 

9. Give an account of the educational activities of the federal govern- 
ment. What are the duties ©f the United States Commissioner of Edu- 
cation? 

SUGGESTIVE QUESTIONS AND EXEKCISES 

1. Does the constitution of this State provide for free schools? 
Does it specify in reference to taxation for the support of schools? 
in reference to the length of the school term? in reference to the sub- 
jects to be taught? in reference to the age of children who may attend? 

2. Are children in this State compelled by law to attend school? If 
so, state whether the law is effective or not. If there is no compulsory 
law state the reasons for and against the enactment of such a law. 

3. Is a State school tax levied in this State? If so, how much reve- 
nue does it yield? How much per pupil is expended on education in 
this State? Compare this with the amount expended in adjoining 
States. 

4. What is the governing body of this school district called? How 
is it chosen? What are the names of its members? Make out a list of 
iti powers. 

5. Bound this school district. How many pupils are within it ? How 
much money is expended for education within this district? How much 



EDUCATION 359 

is this per pupil? Is this above or below the average in this State? 
Do the people of the district elect the school officers? Do they con- 
tribute the greater part of the taxes which go to the support of the 
schools ? 

6. What does the school do for you as an individual? What does it 
do for society? What does it do for government? 

7. Make out a list of the duties which pupils owe to a school; a list 
of the duties which the teacher owes to the school; a list of the duties 
which the school officers owe to the school. 

8. (In some schools tho faculty makes the rules, decides who has 
broken a rule and punishes the offender. Government in these schools 
resembles a despotism. In other schools the students organize as a com- 
monwealth, electing from their number (1) a council which makes the 
rules, (2) a court which decides when a pupil has violated a rule, and 
(3) a governor who executes the order of the court. In these schools 
government resembles a democracy.) Draw up a constitution for the 
government of a school by its students, providing for the three depart- 
ments, the election of officers and the distribution of powers. Should 
the terms of the student officers be for short or for long periods? What 
rules would be wise for the council to make in reference to tardiness? 
to whispering? to absence? to truancy? to cheating? to rudeness? 

9. What advantages does a school derive from governing itself? 
10. Does government in the school prepare for citizenship outside of 

the school? 

Topics for Special Worlc.—The Education for a Democracy: 4, 379- 
393. State Supervision of Schools: 18, 215-223. Civic Education: 17, 
97-117. 



XL VII 

CORPORATIONS 

Introductory. We have already learned what a corpora- 
tion is and what are the characteristics of a corporation 
(p. 75). We have also learned that corporations are either 
public or private, and our study of municipalities was a 
study of the public or political corporation. We shall now 
study the private corporation. 

Corporations Created by State Authority. The charters 
under which corporations conduct business are nearly al- 
ways granted by State authority. The Constitution of the 
United States has no specific provisions in reference to 
corporations, yet Congress can and does grant charters 
to corporations organized for carrying on enterprises which 
come within the range of federal authority. For example, 
Congress under its power to regulate the currency has 
granted charters to national banks; under its power to 
regulate interstate commerce it has granted charters to 
transcontinental railway companies. As a rule, however, 
the creation and regulation of corporations are State func- 
tions. How important these functions are may be seen in 
the State constitutions, where the article on corporations 
sometimes requires as much space as is given to one of the 
three great departments. "Formerly, "says Justice Brewer, 
"there were two factors, the individual and the State ; now 
there are three, the individual, the State and the corpora- 
tion." 

360 



CORPORATIONS 361 

Tke Corporation in Modern Life. The private corporation, 
althougli it is of ancient origin, was not an important factor 
in society until the middle of the last century. To-day it 
is one of the most important factors of civilization. Pri- 
vate corporations spin and weave the clothes we wear; 
they control the manufacture and sale of much of the food 
we eat ; they supply the furniture in our houses, the dishes 
on our table, the utensils in our kitchens, the books in our 
libraries, the tools in our shops, the implements on our 
farms ; they lend us money and they invest our money for 
us; they carry us from place to place on trolley-lines and 
railroads and steamboats. In whatever direction we turn 
in the financial or commercial or industrial world we meet 
the private corporations. 

The Evolution of Corporate Industry. The great private 
corporation of to-day is the outcome of changes which have 
been occurring in commerce and industry during the last 
two centuries. Before the eighteenth century commerce 
and industry were organized on the basis of individual 
effort. Cloth was woven in a shop in which there was but 
one loom, and the operator of the loom was its OAvner. 
The man who ground the grain was the owner of the mill. 
Shoes were made by the owner of the shop. Passengers 
were conveyed from town to town in a coach owned by 
its driver. And so it was in all the trades and occupations : 
they were all organized and conducted on the basis of in- 
dividual enterprise. 

About the middle of the eighteenth century a great 
change began to come over the face of industry. In 1733 
John Kay invented the flying shuttle and thereby doubled 
the efficiency of the loom. A few years later water-power 
was applied to the loom. One man could now operate two 
looms, and could weave four times as much cloth as could 
be woven before. In 1769 Arkwright brought out his won- 
derful spinning-machine, and in the same year Watt 
patented his condensing steam-engine. These inventions 



362 THE AMERICAN GOVERNMENT 

reorganized the textile industry. Instead of the little shop 
with its single loom and weaver, there appeared the great 
factory with its hundreds of looms and scores of operators. 
As it was with weaving, so it was with other industries: 
inventions and improved machinery caused nearly all of 
them to be conducted on a new plan. 

I. The Partnership. How was this reorganization ac- 
complished? How were the humble shops of the seven- 
teenth century transformed into the huge factories of the 
eighteenth century? By a combination of the wealth and 
services of individuals. The single craftsman did not have 
enough money to build a factory and equip it with ma- 
chinery, so several persons combined their capital and 
formed a partnership. The partnership as a legal form of 
business association is almost as old as recorded history, 
yet it had never before been brought into such frequent 
use as during the industrial revolution of the eighteenth 
century. The two important legal characteristics of a 
partnership are: (1) the partners are individually liable 
for the debts of the partnership; (2) the death of one of 
the partners brings the partnership to an end. A partner 
is liable, therefore, to lose his entire fortune in paying the 
debts of the partnership, and the partnership is liable to 
be brought to an end at any moment. 

II. The Corporation. The colossal enterprises which 
were inspired by the appearance of the steamboat and the 
locomotive and the telegraph in the first half of the nine- 
teenth century could not be satisfactorily conducted un- 
der the partnership form of association. Here was a rail- 
road to be built at a cost of five million dollars. The peo- 
ple of the region through which the road was to pass 
favored the enterprise and were ready to invest their funds 
in it, but men with money were loath to enter into a partner- 
ship for building the road because they feared they might 
be ruined by the debts of the partnership, and besides they 
could not tell when the enterprise would be brought to 
an end by the death of a partner. To meet these objec- 



CORPORATIONS 363 

tions of investors the corporation was brought into use. 
The corporation does not die with the death of a member 
(p. 75), but lives on for the period given to it by law, 
if that is for a thousand years. This immortality of the 
corporation gives time for the accomplishment of great 
things. Another advantage of the corporation over the 
partnership is that the shareholders in a corporation are 
not individually liable for the entire debt of the company. 
Furthermore, the shares in a corporation can be easily 
transferred and sold when the holder wishes to dispose 
of them. Through the agency of the corporation the build- 
ing of the coveted railroad was made possible. To raise 
the money fifty thousand shares of one hundred dollars 
each were offered to the farmers and merchants and me- 
chanics and capitalists of the communities to be benefited 
hy the road, and shares were taken according to each one 's 
ability and willingness to invest, some taking a single share, 
others ten shares, others a hundred shares. In this way 
thousands of people assisted in the building of the road 
and in the development of the country, and thousands 
shared in the profits. As it was with the railroad, so it 
was with many other undertakings: about the middle of 
the nineteenth century the corporation began to be brought 
into general use in the organization of industry and com- 
merce. 

III. Corporate Comhinations. Before the end of the 
nineteenth century a new form of organization began to ap- 
pear in the industrial world. About 1880 the great corpora- 
tions began to devise methods of protecting themselves 
against the ravages of competition. While competition gives 
life to trade it at the same time plays havoc with profits. 
Especially is this true in these times, when a salesman with 
the aid of the telephone and telegraph can do as much 
higgling and bargaining in an hour as could be done a 
hundred years ago in a month, and when new inventions 
and processes are constantly reducing the cost of produc- 
tion. 



364 THE A]\iERICAN GOVERNMENT 

(a) The Pool. The first attempts of corporations to 
stifle competition were made when they began to pool 
their interests. Several corporations engaged in the same 
business would place the marketing of their products under 
a central management and would agree upon a uniform 
scale of prices, and upon the amount of goods that each 
separate corporation was to produce and sell. Under this 
arrangement there was no higgling of the market; the 
buyer was held strictly to the prices fixed by the pool. The 
intention of the pool was plainly to kill competition and 
establish a virtual monopoly.^ Now monopoly is not only 
contrary to the constitutions of most of the States, but it 
is also contrary to the instincts of the American people. 
So the pool was declared illegal, and combinations of this 
kind were dissolved. 

(b) The Trust- Agreement. The corporations next re- 
sorted to the trust-agreement. The combining companies 
deposited their stocks with a central board of trustees and 
received in exchange trust certificates. The trustees man- 
aged the business of the uniting companies, fixing prices 
and controlling the output of each constituent corporation. 
For certain kinds of transactions the trust-agreement is 
historic and strictly legal, but as an industrial combination 
it was only the pool in disguise. It was monopoly, and 
was so declared by the courts. Moreover, the Sherman 
Anti-trust Act of 1890 declared against all combinations 
which are in restraint of trade. Under this act trust- 
agreements affecting interstate commerce were rapidly 
driven from the industrial world. 

(c) Trusts. The trust-agreement disappeared, but it 
handed on its name to the next and last form of corporate 
combination — the trust. After the courts dissolved the 
trust-agreement, the corporations still continued their ef- 
forts to avoid competition by means of combination. A 

^ A monopoly is an exclusive privilege to deal in or control the sale of 
certain things. Congress grants a monopoly to authors and inventors 
(52). 



CORPORATIONS 365 

corporation could not combine outright with another cor- 
poration within the same State, for nearly all the States 
forbid such a combination. Corporations in different 
States could not combine without the consent of each of 
the States in which it was desired to effect the combination, 
and this consent could not be obtained. How then could 
the corporations combine? A law of New Jersey passed 
in 1889 provided a way. This law permits the formation 
in New Jersey of corporations which shall have the power 
of purchasing the stock and property of any other cor- 
poration engaged in any kind of business in any State (ex- 
cepting New Jersey) or in any country. Here was the op- 
portunity the corporations were seeking. A corporation, 
by organizing in New Jersey and securing the stocks of 
the corporations which it wished to bring into a combina- 
tion, could become the owner of those corporations, and 
could then, of course, control both the prices of their goods 
and the amount of goods produced. And this was what 
was done. Corporations which wished to combine merged 
and blended their interests into one giant holding corpora- 
tion, a corporation of corporations, a trust, so called. ■ 

Other States ^ followed New Jersey in granting liberal 
charters to corporations, and under the new laws the com- 
bination of corporations has proceeded on a scale star- 
tling in its proportions. During the last ten years nearly 
one third of the total production of all industries, exclud- 
ing that of agriculture, has been brought under the con- 
trol of trusts. There is one trust that controls seventy- 
five per cent, of the steel industry ; another that sells ninety 
per cent, of the sugar output ; another that controls ninety 
per cent, of the tin business ; another that refines seventy- 
five per cent, of the oil ; another that makes seventy-five 
per cent, of the paper. And the consolidation continues. 

The Trust Problem. The chief advantage of combination 

lies in the direction of economy in production. Under the 

^ Notably Maine, New York, Dehnvaro and Wost Virginia. 



366 THE AMERICAN GOVERNMENT 

trust system only the best-equipped establishments are 
kept running ; plants are located with the view of reducing 
freight expenses; only the most desirable patents and 
brands are made use of; the division of labor is carried 
to the most effective point; there is great saving in office 
expenses. That the trust reduces the cost of production 
to the lowest possible figure cannot be denied. 

Neither can it be denied that there are many evils con- 
nected with trusts. The trust reduces the number of em- 
ployees, especially the number of travelling salesmen; it 
drives small competitors out of business by selling at a tem- 
porary loss ; it gains exclusive control of certain commodi- 
ties and then, in some instances, raises the price to a profit 
in excess of that possible under competition. Then the 
trusts often over-capitalize : they authorize stock far in 
excess of the cash value of their property. One trust 
over-capitalized— ''watered" its stock— to the amount of 
nearly a billion dollars, and then asked the public to buy. 
The thousands of investors who purchased the stock at 
fifty dollars a share, and afterwards saw its value fall to 
ten dollars a share, appreciate the danger of over-capital- 
ization. Over-capitalization works injury in another direc- 
tion: the attempt of the trust to continue in hard times the 
dividend upon a large bulk of ''watered" stock places an 
unnecessary burden upon consumers and laborers; upon 
consumers in the form of higher prices, upon -the laborer 
in the form of lower wages. 

The report of the Industrial Commission (1901) in its 
volume on Trusts catalogues the various remedies for trust 
evils as follows-: (1) The let alone policy; (2) the suppres- 
sion of monopolies; (3) the prohibition of destructive com- 
petition; and (4) publicity. 

(1) Those advocating the "let alone policy" contend 
that competition will suffice to keep trusts within bounds,^ 
and that government should keep hands off, because self- 
interest in the long run will do less harm than legislative 
interference. 



CORPORATIONS 867 

(2) Those advocating the suppression of monopolies 
would suppress directly by national and State legislation 
all combinations seeking to restrain trade or control prices. 

(3) Some would deny to combinations the right to sell 
below cost for the purpose of driving competitors out of 
a local market, and then to restore prices to a point where 
they could readily recoup themselves for any loss incurred. 

(4) Publicity receives the most general approval. All 
the doings of trusts, it is generally held, ought to be ex- 
posed to the public gaze. This, it is contended, would 
prevent any unfair raising of prices, because of competi- 
tion that would be thus invited, and would sufficiently 
publish the affairs of the concern to enable investors to 
escape the snares of unscrupulous organizers. The Bureau 
of Corporations established in 1903 has for its most im- 
portant function the collection of facts relating to trusts, 
and it is hoped that through this bureau all desirable in- 
formation will be obtained. 

Both the State and the federal government may assist in 
applying the remedies for trust evils. The State possesses 
the power to incorporate and can therefore determine pre- 
cisely the privileges a corporation is to enjoy within the 
State ; the federal government under its power to regulate 
interstate commerce can regulate the privileges of cor- 
porations trading between the States. Here would seem 
to be authority enough. If all the States and the federal 
government would work together the trust problem might 
not be so difficult of solution. 

But the States do not work together; the corporation 
laws of one State set at naught the laws of another State. 
Thirty-two States have attempted by legislation to control 
trusts, but their efforts have been thwarted by the action 
of sister States. Within the region of its authority the 
federal government lias been active and to a certain degree 
successful in combating trust evils. Under the anti-trust 
law passed by Congress in 1890 corporations consisting 
of a combination of corporations have been compelled to 



368 THE AMERICAN GOVERNMENT 

dissolve, on the ground that they were formed in restraint 
of trade between the States. 

This victory of the law over giant corporations is full 
of hope. It shows that the law is still supreme. We need 
not fear the trusts as long as we know they can be com- 
pelled to obey law. Keep government strong enough to 
apply remedies, and remedies in good time will doubtless 
be found. 

QUESTIONS ON THE TEXT 

1. From what source do corporations receive their power? 

2. Give an account of the part played by the corporation in mod- 
ern society. 

3. How was industry organized before the eighteenth century? 
What causes led to a change in this organization? 

4. What is a partnership? What advantage had the corporation 
over the partnership? 

5. What caused corporations to combine? 

6. What was the pool? the trust-agreement? 

7. How was the so-called trust made possible? To what extent is 
industry controlled by trusts? 

8. What are the advantages and disadvantages of trusts? 

9. What remedies have been proposed for the evils connected with 
trusts? 

10. To what extent have trust evils been checked by government? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Give illustrations of partnerships existing in this community; of 
corporations ; of trusts. 

2. A local tinner charges 25 cents for a pan which you can buy from 
a trust for 23 cents: would you buy your pan from the local tinner or 
from the trust? 

3. What does the constitution of this State say about corporations? 
about trusts? 

4. If it were shown that the trusts benefit society in material things 
but dwarf individuality, what would be your attitude toward trusts? 
Does society exist for your benefit, or do you exist for the benefit of 
society? 

5. Name five of the largest industrial organizations in the United 
States. What effect have these combinations had upon the prices of the 
articles they produce? 

6. Has this State passed an anti-trust law? If so, has this law ac- 
complished its purpose? 

Topics for Special Worlc.— Growth, of Large Industries: 20^ 312- 
322. Corporations: 21, 155-159. Federal Control of Trusts: 30, 492- 
497. 



XLVIII 

LABOR 

The Growth of Labor Organizations. Workingmen's as- 
sociations or trade unions, such as we have to-day, had 
no existence before the latter part of the eighteenth cen- 
tury. In the days when industry was in its simple form 
of organization, when almost every workman was a proprie- 
tor, there were few who could be classed as employees. 
A German scholar^ informs us that in 1784 in the duchy 
of Magdeburg there were 27,050 independent masters and 
only 4,285 assistants and apprentices, and that about the 
same time in the principality of Wiirzburg there were 
13,762 masters with 2,176 assistants and apprentices. That 
is to say, in more than five sixths of the industrial estab- 
lishments of these two places the master carried on his 
work single-handed. As it was in Germauy, so it was in 
England and America before the industrial revolution 
(p. 361) : the number of employees was extremely small. 
When it is remembered that apprentices and assistants 
usually lived in the home of the master and were treated 
as members of the family, it becomes still more evident 
that under the old order of things there was no distinct 
line of cleavage between employers as a class and emplo^'ees 
as a class. 

The factory system brought about a complete change in 
the industrial condition of the workman. A craftsman 
was now the owner neither of the tools with which he 
worked nor of the articles which his craft fashioned; he 

^ Karl BiJclier, ' ' Industrial Evolution, ' ' p. 188. 
24 369 



370 THE AMEEICAN GOVERNMENT 

was a hired man, an employee whose chief industrial in- 
terest was his wage. It was to be expected that employees 
would unite to advance their interests, and it was not 
long before workmen began to meet for the discussion of 
such subjects as wages and hours of labor. At first gov- 
ernment handled these meetings with a severe hand. In 
1799 the English Parliament passed a law making it a crim- 
inal offense to attend a meeting the purpose of which was 
to secure an advance in wages or to shorten the hours of 
labor. In 1817 under this act ten calico-printers in the town 
of Bolton were imprisoned for three months for simply 
intending to attend a meeting at which the subject of wages 
was to be discussed. Such injustice, however, was incon- 
sistent with the spirit of democracy which was at that time 
beginning to guide the conduct of statesmen, and in 1824 
the harsh law of 1799 was repealed, and workingmen were 
henceforth permitted to combine for the promotion of their 
interests. 

Workingmen now began to combine, not only for the pur- 
pose of putting up wages and shortening the working day, 
but for the advancement of all their interests. Those 
engaged in the same trade, or allied trades, united in a per- 
manent association, called a trade union, the abiding pur- 
pose of which was to promote in every lawful way the gen- 
eral welfare of the associated members. Trade unions in 
England at first did not have smooth sailing, for rulers were 
at heart against them ; but they steadily prospered, and in 
1871 were formally recognized by an act of Parliament as 
legal organizations. This recognition caused them to flour- 
ish as never before, and to-day England is the strongest 
center of trade unionism in the world. 

The trade-union movement in America began about the 
same time that it began in England, but it did not meet 
the same fierce opposition. Its progress, however, was not 
altogether peaceful and undisputed. For many years the 
courts were inclined to regard the movement with distrust, 
and in more than one decision a combination that aimed 



LABOR 371 

to raise wages was pronounced to be an unlawful con- 
spiracy. But trade unions were only one of the outgrowths 
of democracy and were bound to wax strong with the 
growing strength of the people. In 1870 New York, by 
statute, legalized the trade union, and in recent years the 
right of workingmen to combine has not been seriously 
questioned anywhere in the United States. In America, 
law and public opinion have been almost uniformly on the 
side of the trade union, and it has prospered here as in 
no other country, England alone excepted. More than 
two million workingmen in the United States are enrolled 
in trade unions, one union alone having the enormous mem- 
bership of three hundred thousand. 

Government and the Workingman. The aims of labor or- 
ganizations are usually clear and well defined. They strive 
for the social and intellectual as well as for the economic 
betterment of the working classes. They want the working- 
man to receive a wage that will enable him to buy a fair 
share of the good things of life, and they want the working 
day to be of a length that will give leisure for the enjoy- 
ment of the benefits of education, culture and refinement. 
They advocate the abolition of child labor, because they 
want the children to attend school. They demand that 
work in factories and mines be done under sanitary con- 
ditions, because they regard the health of workingmen 
as a matter of supreme importance. In brief, they favor 
all movements that tend to elevate labor and resist all 
movements that tend to degrade it. For the accomplish- 
ment of many of their purposes labor organizations have in- 
voked the assistance of government. 

The Constitution is silent on the subject of labor. The 
relations of employer and employed are to be regulated 
by the State, and labor problems must be solved by the 
State. The federal government fixes the wages of its em- 
ployees, prescribes the length of their working day (eight 
hours), investigates the conditions of the laboring classes, 



372 THE AMEEICAN GOVERNMENT 

and collects labor statistics. Further than this it cannot 
go.^ When the President of the United States a few years 
ago intervened to bring about a settlement of a strike, he 
acted as a private citizen, not as an official vested with the 
authority of the federal government. 

The earlier State constitutions contain nothing about 
labor, because when they were framed there were no labor 
organizations and no labor problems. In recent years the 
constitutions are inserting clauses pertaining to labor. The 
constitution of Wyoming declares : ' ' The rights of labor 
shall have just protection through law calculated to secure 
to the laborer proper rewards for his service and to pro- 
mote the industrial welfare of the State." The constitu- 
tions of California and Idaho forbid the employment of 
Chinese laborers upon State or municipal public works. 
The constitution of North Dakota declares that every citi- 
zen of the State shall be free to obtain employment where- 
ever possible, and forbids the exchange of blacklists ^ be- 
tween corporations. In Louisiana the constitution forbids 
the passage of any law fixing the wages of manual labor. 
Numerous other illustrations might be given to show that 
the States are beginning to introduce the subject of labor 
into their constitutions. 

It is in the field of State legislation that we may best 
learn how deeply government is concerned in the affairs 
of the workingman. In more than two thirds of the States 
'the employment of children under fourteen years of age is 
forbidden by law; in more than half of the States women 
may not work in factories more than ten hours a day; in 
thirty-one States women working in shops must be pro- 
vided with seats; in nearly half the States the working 
day of State and municipal employees is limited to eight 
hours ; in twenty-four States there is official inspection of 
factories and mines ; in two thirds of the States there are 

^ Of course Congress can regulate labor matters in the Territories and 
in the District of Columbia. 

^ Lists of persons objectionable to employers. 



LABOR 373 

bureaus of labor for collecting and giving out information 
on labor topics. The most remarkable instance of legisla- 
tion regarding labor comes from Utah, where the law 
prohibits grown men from working more than eight hours 
a day in mines. It was thought that this law was uncon- 
stitutional, because it virtually denies to adults freedom 
of contract, but the Supreme Court of the United States 
declared that it was constitutional on the ground that work- 
ing in mines is a matter that comes under the police power 
(p. 392) of the State. 

The recognition of labor organizations by government 
is becoming quite general. Most of the States provide 
for the incorporation of trade unions, and a federal law 
permits national trade unions to be incorporated, provided 
they have two or more branches in every State, and main- 
tain headquarters in the District of Columbia. Besides giv- 
ing them power to incorporate, several States have lately 
attempted to protect trade unions by making it a misde- 
meanor for an employer to discharge an employee for be- 
longing to a labor, organization. It is doubtful, however, 
whether statutes which interfere in this harsh manner 
with the freedom of contract will receive the full support 
of public opinion. Two States have enacted laws that 
certain public work shall be performed only by labor 
unions— as full a recognition of labor organizations as it 
is possible, perhaps, for government to give. 

The Settlement of Labor Disputes. The chief function of 
the labor unions is to enable workingmen to avail them- 
Eelves of the strength of organization when they are bar- 
gaining with their employers for wages and hours of labor. 
When a single workman in an establishment employing 
hundreds asks for higher wages he is not likely to receive 
as much consideration as would be shown to a similar re- 
quest coming from all the workmen united in a compact 
body. Under the trade-union system, instead of individual 
bargaining between employer and employee, there is col- 



374 THE AMERICAN GOVERNMENT 

lective bargaining: representatives of the labor organiza- 
tion meet the employer and there is higgling as to the 
price that shall be paid for labor, and when a bargain is 
struck it binds all parties, including every member of the 
organization. In some instances this collective bargain- 
ing is conducted on a vast scale, affecting not only a single 
establishment but whole industries.^ 

As long as collective bargaining is possible there is in- 
dustrial peace, but when it fails, when employer and or- 
ganized employees fail to come to an agreement, there is 
industrial war. In this warfare the chief weapons of the 
employer are the lockout ^ and the blacklist, and the wea- 
pons of the employees are the strike and the boycott. So- 
ciety is feeling the effects of industrial war more and more 
keenly. In the morning paper which lies on my desk I 
read that the leader of a powerful labor union threatens 
to inflict a meat famine upon the people of the United 
States if the demands of his union are not acceded to. 
We may not have a famine as the result of this proclama- 
tion, but all parts of the country will doubtless be incon- 
venienced if a strike is declared. 

So vast have been the losses occasioned by strikes,^ and 
so seriously have they disturbed business, that government 
has been moved to provide means for their settlement. 
About half the States have established hoards of arbi- 
tration, before which the disputes of employers and em- 
ployees may be settled. These arbitration boards can in- 
quire into the causes of a strike and render a judgment 
as to the merits of a dispute, but in no State can such a 
judgment be enforced; in no State is there compulsory 
arbitration. Boards of arbitration, therefore, must depend 
upon the power of public opinion to give their decisions 
weight. Arbitration in several States has met with a mea- 

* See Gilman 's * ' Method of Industrial Peace, ' ' pp. 93-114. 
^"A refusal on the part of the employer to furnish work to his em- 
ployees in a body. ' ' 

2 Estimated at $500,000,000 for the last twenty years. 



LABOR 875 

sure of success, but in most of the States in which it has 
been tried it has not amounted to much. 

The Labor Problem. How shall government in its efforts 
to maintain industrial peace so deal with the labor organ- 
izations as to protect them in their rights, and at the same 
time not infringe upon the rights of the individual work- 
man? This is the labor problem stated in its broadest 
terms. It is the trust problem over again. The giant labor 
unions and the giant corporations have been produced by 
the same industrial forces, have the same aim— the avoid- 
ance of the evils of competition — and offer to government 
the same kind of problem to solve. 

We cannot attempt here even to indicate precise methods 
by which the great labor problem can be solved, but there 
are two facts that ought to be kept in mind by all. First, 
the law must be kept supreme. There must not arise 
within the State a power that is greater than the govern- 
ment. It is as important that government be able to bring 
the largest labor union to terms as it is that it be able 
to bring the largest corporation to terms. Second, the 
liberty of the individual must be maintained. Government 
ought not to insist on driving workingmen into unions 
against their will. On the contrary, it ought to let work- 
ingmen understand that they will be protected to the full- 
est in their right to remain out of the union, when they 
choose to assert that right. There is no freedom if any 
organization outside of government itself can go to the 
individual and enforce its rules upon him : government, and 
government only, can coerce an American citizen. 

QUESTIONS ON THE TEXT 

1. Give an account of .the growth of labor organizations in England; 
in America. 

2. For what purposes do workingmen combine? 

3. In what relation does the federal government stand to labor or- 
ganizations? 



376 THE AMERICAN GOVERNMENT 

4. To what extent is the subject of labor introduced into State con- 
stitutions? 

5. Give an account of the legislation of the several States in reference 
to labor matters? 

6. What is collective bargaining? 

7. What is industrial war? How does war of this kind affect the 
'social welfare? 

8. In what way have the States attempted to settle labor disputes? 

9. In what respect does the labor problem resemble the trust prob- 
lem? In the solution of the labor problem what two principles should 
guide? 

SUGOESTIVE QUESTIONS AND EXEECISES 

1. Does the constitution of this State say anything about labor or 
labor organizations? about strikes or lockouts? about boycotts or black- 
lists? 

2. At what age may children be employed in the factories in this 
State? What is the length of a day's labor for one employed upon 
public work in this State? 

3. Is there a bureau of labor statistics in this State? If so, secure 
a copy of the last report of its chief officer and find answers to the fol- 
lowing questions: What strikes have occurred in this State during 
the past year? What per cent, of these were successful? Were any of 
the strikes settled by arbitration? What is the average daily wages of 
workmen in this State? Is this average increasing or decreasing? 
What does the commissioner of the bureau recommend in the way of 
legislation bearing upon labor problems? 

4. Is there a board of arbitration in this State? If so, secure a copy 
of its report and ascertain what it is doing in the way of settling labor 
disputes. 

5. In about one third of the States it is against the law for an em- 
ployer to exact, as a condition of employment, an agreement from an 
employee not to become a member of a labor organization. Is it against 
the law in this State for an employer to exact such an agreement? 

6. Show how a strike sometimes affects a great many more people 
than the strikers and their employers. Show how a great strike affects 
the business of the entire world. 

7. Prepare a paper on Compulsory Workingmen's Insurance. See 
fourth special report of the United States Commissioner of Labor. This 
is a tery important topic. 

8. If you were an employer of labor, do you believe you would be 
willing to sacrifice a little money for the sake of the happiness and 
comfort of your employees? Is it likely that the labor problem will 
ever be satisfactorily solved as long as both capitalists and laborers 
ignore moral considerations in their dealings with each other? 

Topics for Special Worlc.—The Labor Unions: 4, 349-367. Trade! 
Unions : 20, 245-256. Labor Organizations : 21, 476-485^ 



XLIX 

CRIME 

The Definition of Crime. In the simplest and rndest stages 
of society wrong-doing was regarded as a private matter, 
and the wrong-doer was punished by private hands. The 
murderer was delivered over to the vengeance of the fam- 
ily of which the slain was a member; the thief was pun- 
ished by the person from whom the goods were stolen. As 
society grew more highly organized, and as the power of 
the state increased, private vengeance was gradually dis- 
allowed, and the definition and the punishment of crime 
became strictly a function of government. 

The first task of government in respect to crime is to 
define crime, to declare what actions are criminal. A 
crime is an act injurious to society and punishable by law, 
but before an act can be regarded as a crime it must be 
stamped as such by government. An. act may be vicious 
or sinful, and yet if it is not named by law as a punishable 
offense it is not a crime. 

As society becomes more complex the offenses designated 
by law as crimes become more numerous.^ The telegraph 

^ The following table shows the nature of the offenses for which crimi- 
nals in the United States are convicted and gives the percentage which 
each class of crimes bears to the whole number committed : 
Crimes against government, as treason, counterfeiting, anarchy 2.2 %" 
Crimes against society, as disturbance of the peace, drunken- 
ness 22 oy 

Crimes against the person, as murder, assault, mayhem 21.9 J*^ 

Crimes against property, as burglary, arson, theft 45.S p^ 

Miscellaneous crimes 8.1 % 

Total 100.00 % 

377 



378 THE AMERICAN GOVERNMENT 

has brought the crime of tapping wires and stealing elec- 
tricity ; railroads have brought the crime of train wrecking ; 
corporate combinations have caused penalties to be pro- 
nounced against an undue restraint of trade; the factory- 
has called forth penalties against the criminal neglect of 
the safety of workingmen. "All changes in social organi- 
zation, in custom, in political control, import changes in 
the criminal law." Society is constantly defending itself 
against new dangers, and whenever an act of omission or 
commission is seen to be clearly hurtful to the public it 
is designated by law as a crime. 

The Punishment of Crime. When the law defines an act 
as a crime it usually at the same time provides a punish- 
ment. In the olden times punishment followed the law 
of retaliation: a life for a life, an eye for an eye, a tooth 
for a tooth. For the crime of murder this rule still pre- 
vails in most countries, although in several States capital 
punishment has been abandoned. By modern usage punish- 
ments for crime are assigned without any purpose of re- 
taliation. The criminal is punished for the benefit of so- 
ciety, and not for the sake of private or public vengeance. 
What the punishment for a crime shall be is a question 
of expediency for the law to determine. In ordaining a 
punishment, however, it is the rule to make its severity 
correspond in some degree to the heinousness of the offense 
committed. When the form of punishment is not death 
it is usually either a fine in money or imprisonment for a 
definite period of time. Excessive fines or cruel or unusual 
punishments cannot be inflicted by the federal government 
(142), but the State can provide such punishments as it 
deems proper, even if these seem to be cruel or unusual. 

Crime and the State Government. In the United States the 
duty of defining crimes and affixing penalties and of pun- 
ishing offenders belongs almost entirely to the State gov- 
ernment. The constitution of the State generally allows 



CRIME 379 

the legislatures to deal with crime in their own way. In 
those States which have adopted the rules of the common 
law certain deeds are punishable as crimes without special 
legislative action. These are the common law crimes, and 
include treason, murder, manslaughter, arson, larceny, 
burglary, kidnapping, assault, perjury, embezzlement. A 
few States have not adopted the rules of the common law 
in reference to crime, and in these before an act can be 
punished as criminal it must first be designated as such 
by a statute. Several years ago in a western State which 
does not recognize the rules of common law in reference 
to crime a boy was kidnapped, and when the subject of the 
punishment of the kidnapper arose it was found that the 
laws of the State in which the act was committed said 
nothing about kidnapping. The perpetrator of the deed 
was not discovered, but it was generally acknowledged 
that even if he had been captured it would not have been 
possible to punish him. The federal government could not 
have touched the case, and the State government had not 
yet made the offense a crime. 

Since each State deals with crime in its own way, crim- 
inals fare differently in different States. '' The criminal 
code in one State in 1879 provided for the punishment of 
one hundred and fifty offenses as crimes, only one hundred 
and eight of which were recognized as crimes by the code 
of another State. . . . The penalty for perjury in one 
State is a fine limited between a minimum of five hundred 
dollars and a maximum of two thousand dollars ; in others 
five years' imprisonment; in still others imprisonment for 
life ; and in one death, if the crime causes the execution of 
an innocent person. . . . The penalty for arson varies from 
imprisonment for from one to ten years to death. "^ In 
one State murder may be punishable by death and horse 
stealing by imprisonment for life; in an adjoining State 
horse stealing may be punishable by death, and murder 
by imprisonment for life. 

^ H. M. Boies, ' ' The Science of Penology, ' ' p. S3. 



380 THE AMERICAN GOVERNMENT 

While this diversity in the laws of the different States 
in respect to crime may seem regrettable, we must not 
jump to the conclusion that the definition and punishment 
of crime should be given to the federal government. In 
dealing with crime, government is fighting with one of the 
foes of society, and the principle of local self-government, 
and the principle that a law to be effective must harmonize 
with the morality and sentiment of the community in which 
it is to be executed, both sustain the policy of letting each 
State fight its foes in its own way. 

Crime and the Federal Government. While the State gov- 
ernment is the chief agent for suppressing crime, the federal 
government has a part in the work. Congress as well as 
the State legislature is constantly designating new crimes. 
Under the authority of the Constitution Congress may de- 
fine and punish crimes in the District of Columbia, in the 
Territories and in other places wholly within the jurisdic- 
tion of the federal government; it provides punishment 
for offenses relating to the post-office, to interstate com- 
merce, to the currency, to federal elections, and to all other 
matters which come within the scope of the federal juris- 
diction. Congress also defines and punishes piracies com- 
mitted on the high seas and offenses against the laws of 
nations (54). 

There are no common law crimes against the United 
States : only acts designated as crimes by Congress are pun- 
ishable in federal courts. A person charged with violating 
a federal statute must be tried in the State in which the 
act was committed (139) and is entitled to a speedy trial 
by a jury consisting of citizens of the State. 

Punishment for counterfeiting the securities and current 
coins of the United States is fixed by Congress (50). By 
^'securities" is meant the government's bonds, its stamps 
and other representatives of value. For counterfeiting 
gold and silver coin the punishment is a fine of not more 
than five thousand dollars, or imprisonment at hard labor 



GRIME 381 

for not more than ten years. For counterfeiting paper 
currency the punishment is still more severe. 

The highest crime known to the law is treason, which 
may be broadly defined as an attack upon government 
itself. Under this broad definition in England and in 
other countries much injustice has been wrought. Men 
who have committed no crime other than to earn the 
displeasure of rulers have been charged with treason and 
put to death. To guard against evils of this sort the 
framers of the Constitution took the precaution of precisely 
defining what acts should be regarded as treasonable. To 
commit treason against the United States one must wage 
war against them (112) or give aid or comfort to their 
enemies.^ If there be an actual assemblage of men whose 
purpose is to proceed with force against the authority 
or property of the United States each member of such an 
assemblage may be adjudged a traitor. If a citizen— and 
no one but a citizen can be a traitor— sells a public enemy 
provisions or arms, he gives that enemy aid and comfort 
and is guilty of treason. As an additional safeguard against 
the abuse of power the Constitution provides that at least 
two witnesses must testify to the treasonable act of which 
the accused is charged (113). The punishment of treason 
against the United States (114) is death, or, at the discre- 
tion of the court, five years of hard labor and a fine of not 
less than ten thousand dollars. A civil officer of the United 
States found guilty of treason by the process of impeach- 
ment is deprived of his office. 

The Prevention of Crime and the Treatment of Criminals. 

Crime in the United States costs the government about 
two hundred million dollars annually— an amount almost 
as large as that expended for education, and quite as large 
as that expended upon the army and navy. The financial 

^ Treason against a State is defined in the State constitutions, and the 
definition is usually identical with that given in the Constitution of the 
United States. 



382 THE AMERICAN GOVERNMENT 

loss which criminals inflict upon society is estimated to be 
four hundred million dollars. The total cost of crime is, 
therefore, six hundred million dollars annually, and the 
burden is not growing lighter. The criminal class consists 
of more than one per cent, of the population, and it cannot 
be shown that this proportion is decreasing; indeed, able 
authorities assert that the proportion is increasing. This 
small but persevering and dangerous class has been pres- 
ent in all ages and in all countries and governments have 
tried in vain to extirpate it. Law-makers, appealing to the 
emotion of fear, for a long time endeavored to decrease 
crime by making punishments for all kinds of offenses ex- 
tremely severe, but they found that severity of penalty 
would not solve the problem. Then the law-makers at- 
tempted to apply the principle of justice in the punishment 
of criminals; they adapted the punishment to the crime, 
affixing a slight penalty to a petty offense and ordaining 
a more severe punishment for a more flagrant deed. Still 
this did not solve the problem ; no scheme of punishments, 
however nicely adjusted, has as yet had the effect of de- 
creasing crime. 

In recent years we have been trying to prevent crime 
by removing its causes. It is recognized that crime is due 
in a large measure to an unfavorable environment, to bad 
company, to poverty, to the enervating influence of wealth 
and luxury, to crowded tenements, to the evil influences of 
cities, and philanthropists and statesmen are bending their 
efforts toward improving the environment which is respon- 
sible for crime. 

Furthermore, the mental attitude of the public toward 
criminals is changing. Formerly it was the universal 
opinion that a criminal was a foe to society, and that in 
meting out punishment to this foe the welfare of society 
alone should be regarded. Now in the adjustment of pun- 
ishments there is a disposition to regard the welfare of the 
criminal as well as the welfare of society. It is contended 
that a criminal is a person who is afflicted with a disease, 



CRIME 383 

the disease of criminality, and that government ought to 
heal this disease if it can do so. If the criminal cannot be 
healed government must prevent him from running at large. 
If, however, the criminal is curable he must be restored to 
society as soon as he recovers. A penitentiary, according 
to this doctrine, is simply a moral hospital where criminals 
are confined until they are cured of the disease of crim- 
inality. In conformity with this view industrial schools, 
reformatories and asylums are, for many offenses, taking 
the place of jails and penitentiaries, and indeterminate 
sentences— sentences which detain the criminal only so 
long as he remains unreformed— are being substituted for 
commitments for arbitrary definite periods. Whether the 
new methods are better calculated to diminish crime than 
were the old can be determined only by experience. 

QUESTIONS ON THE TEXT 

1. How was crime punished in the earlier stages of social develop- 
ment? 

2. Why is it necessary that the law should be constantly designating 
new crimes? 

3. When affixing a punishment to a crime what purpose does the law- 
maker have in view? What are the usual forms of punishment? 

4. Give an account of the functions of the State government in ref- 
erence to crime. What are common law crimes? 

5. Illustrate how punishment for crime varies from State to State. 

6. What crimes are punishable by the federal government? What is 
treason? How is it punished? 

7. What is the money cost of crime in the United States? 

8. What are some of the causes of crime? 

9. What new policy is being adopted in reference to the treatment 
of criminals? 

SUGGESTIVE QUESTIONS AND EXERCISES 

1. Arrange the following causes of crime according to the percentage 
of criminals produced by each: had company, drink, poverty, temper, 
lad' of moral principle, mental incapacity. If you are unable to secure 
the statistics use your judgment as to an arrangement. 

2. How much would be saved in money per voter in tke United States 
if everybody would do right? 



384 THE AMERICAN GOVERNMENT 

3. Are you inclined to support the doctrine that the State in dealing 
with a criminal should entertain no idea of punishment; that it should 
simply treat the criminal as a sick person? Give reasons for your 
answer. 

4. Does the constitution of this State say anything about crime? 
about punishments? What does the Constitution of the United States 
say about punishments (142)? Are those who have been convicted of 
crime in this State permitted to vote? 

5. What industrial schools, reformatories and asylums are supported 
in this State? What is a juvenile court? 

6. What notable persons have been accused of treason in the United 
States? Has there ever been a conviction for treason? 

7. Prepare a five-minute paper on The Elmira Eeformatory. 

Topics for Special TForfe.— The Treatment of Crime: 4, 130-147. 
Causes of Crime: 29, 237-261. 



CHARITIES 

Charity a Function of Government. Society always has its 
poor and unfortunate, and the problem of dealing with 
poverty is hardly less perplexing than the problem of deal- 
ing with crime. Poverty and crime are often found to- 
gether, but they are not related as cause and effect, for 
pauperism may decrease while crime is increasing, and 
vice versa. The causes of poverty, like the causes of crime, 
are to be sought largely in social and economic conditions, 
and the true cure for poverty consists in the betterment 
of those conditions. 

That it is the function of government to care for the 
dependent class has long been recognized. Among the 
ancients a portion of the tithes was by law devoted to the 
poor. In ancient Home corn-laws provided for the dis- 
tribution of grain from the public granaries to those who 
could not afford to buy. Throughout the middle ages 
charity was for the most part administered by the church, 
but in the sixteenth and seventeenth centuries the govern- 
ments of Europe began to legislate for the poor. In the 
reign of Elizabeth England passed a law requiring each 
parish to support its own poor, and this law served as a 
model for poor-laws in the colonies, and hiter was imitated 
by the several States. 

The Care of the Poor a Function of Local Government. 

The federal government has no charitable functions. It 
maintains homes for its worn-out sailors and soldiers, and 
25 385 



386 THE AMERICAN GOVERNMENT 

pays vast sums as pensions to those who have served in its 
wars ; but what it spends in this way is regarded not as a 
gift, but as a debt. Congress sometimes extends quick re- 
lief to communities which have been visited by fire or flood, 
but such assistance cannot properly be called charity. 

Power for public almsgiving flows from the State. In 
the more recently adopted constitutions provision is 
broadly made for the subject of pauperism, just as provi- 
sion is made for the subject of crime. The legislature 
usually imposes upon each locality the burden of caring 
for its own poor. Charity thus begins at home. The State 
government seldom dispenses aid directly to the dependent 
poor. 

The civil division which most frequently has charge of 
public charity is the county. There are often county di- 
rectors or overseers of the poor (p. 200), and these have 
charge of the county almshouse and of the distribution of 
funds to the needy. In States where there is a vigorous 
township government, the township, and not the county, 
administers the charities, and likewise in a well-organized 
city a department of charities often relieves the county of 
its charitable function. 

Outdoor and Indoor Relief. There are two historic 
methods of helping the poor, the method of outdoor relief 
and indoor relief. Outdoor relief is the relief of the poor 
in their homes ; indoor relief is given to the poor who have 
become inmates of almshouses. In most of the States the 
two methods are employed side by side. The applicant 
for aid sometimes receives a small sum of money to be 
spent by himself in his home ; sometimes he must go to the 
almshouse for food, clothing and shelter. Whether aid shall 
be given indoors or outdoors is a question which the au- 
thorities of the locality decide, each case being judged ac- 
cording to the circumstances attending it. 

The reasons for outdoor relief are these: (1) it is kindly, 
since the recipient is not separated from his friends and 



CHARITIES 387 

family; (2) it is economical, since it costs less on an aver, 
age to assist a person in his home than it does to support 
him in an almshouse; (3) it would be impossible to accom- 
modate in almshouses all who apply for aid. 

The reasons against outdoor relief are: (1) it increases 
the number of applicants, because it is less disgraceful than 
the indoor system; (2) it corrupts politics by tempting 
the authorities to extend aid in return for votes; (3) it 
reduces the rate of wages, because its recipients can afford 
to work for less than their self-supporting competitors.^ 

The Defective Classes. Government extends its aid to the 
defective classes as well as to the dependent and helpless 
poor. A century ago paupers, defectives and criminals were 
often huddled together within the same walls and sub- 
jected to treatment that was sometimes barbarous. Now 
there are separate institutions for each class. Moreover, 
the defectives are also divided into classes and are cared 
for in separate institutions. Thus we have institutions for 
the blind, for the deaf and dumb, for the insane, for the 
feeble-minded, for the epileptic, for the deformed. 

As a rule, the expense of caring for the defective classes 
is too heavy to be borne wholly by the local government, 
and it becomes necessary for the State to care for them. 
In almost every State the central government provides 
hospitals for the insane, schools for the deaf and dumb, 
schools for the blind, and reformatory schools for juvenile 
offenders. These State institutions for defectives are sup- 
ported in part by State revenues, in part by contributions 
from the local government. 

State Boards of Charities. In about half the States there 
have been established State boards of charities. The duties 
of these boards vary, but usually the State board of char- 
ities exercises a close supervision over all the State reforma- 
tories and institutions for the defective classes, and inspects 

* See A. 6. Warner, ' ' American Charities. ' ' 



388 THE AMERICAN GOVERNMENT 

the charitable work of the localities and makes a report 
thereon to the governor or to the legislature. In several 
instances this board possesses a very substantial power. 
Thus in New York the State board of charities visits, in- 
spects and maintains a general supervision of all institu- 
tions, societies or associations of a charitable, corrective or 
reformatory character, whether State, municipal or unin- 
corporated, and it can enforce in these institutions a hu- 
mane and wise administration. 

Organized Charity. Of course government is not the only 
almsgiver. We give to the beggar whom we pass on the 
street; well-to-do people often make it a point to extend 
regular assistance to certain destitute families; churches 
of every denomination engage in charity work; societies 
and associations for the relief of the poor abound in every 
community. 

Until quite recently private charities as well as public 
were indiscriminate and unorganized, and the results of 
the haphazard giving were often unfortunate and some- 
times ludicrous. Alms unwisely extended sometimes con- 
verted a person who was simply needy into a professional 
beggar, and the abundant sources of aid often invited 
the lazy to quit work and live entirely upon charity. This 
was possible when by a little diplomacy and cunning one 
could exploit the benevolence of perhaps a half-dozen 
churches and as many societies. 

In 1869 in England, and a little later in America, a move- 
ment was begun to organize charity work, and the results 
which followed were so satisfactory that charity organiza- 
tion societies were rapidly formed. Societies of this kind, 
known as associated charities or united charities or the 
bureau of charities, exist in nearly two hundred cities in 
the United States. 

Organized charity aims : 

1. To secure cooperation and unity of action among all 
charitable agencies, public and private. 



CHARITIES 389 

2. To learn the facts connected with every application 
for aid. 

3. To extend quick relief to all who are actually in need. 

4. To expose impostors. 

5. To find work for all who are able and willing to work. 

6. To establish relations of personal interest and sym- 
pathy between the poor and the well-to-do. 

QUESTIONS ON THE TEXT 

1. To what extent has charity in the past been regarded as a func- 
tion of government? 

2. To what grade of government has the charitable function in the 
United States been assigned? 

3. What is meant by outdoor relief? indoor relief? What reasons 
may be given for and against outdoor relief? 

4. What provision is made for the defective classes? 

5. What is the duty of the State board of charities? 

6. What evils attend unorganized and unsystematic charity work? 

7. What are the aims of organized charity work? 

SUGGESTIVE QUESTIONS AND EXEECISES 

1. Does the constitution of this State say anything about charity? 
anything about pauperism? Are paupers permitted to vote in this 
State? 

2. What provision is made in this State for the defective classes, the 
deaf, the blind, the insane, the feeble-minded? 

3. Arrange the following causes of poverty according to the per- 
centage of paupers made by each: laclc of employment, sichness, acci- 
dent, insufficient earnings, intemperance, shiftlessness, physical defects. 
If you are not able to secure the facts use your judgment in making an 
arrangement. 

4. Name the charitable institutions of Avhich you have knowledge. 
Are most of these supported by private liberality? 

5. If a street beggar should ask you for money would you give him 
any? What is ** scientific charity"? 

Topics for Special Worlc.—The Problem of Pauperism: 4, 14S-157. 
Causes of Poverty: 23, 32-G5. Conditions of Tjiving among the Poor; 
Send for Bulletin 64, Bureau of Labor, Washington, D. C. 



LI 

THE POLICE POWER OF THE STATES 

The Police Power DejRned. In its broad sense the term 
*' police power" may refer to the entire system of regu- 
lations by which government preserves peace and order 
and prevents violations of law. In its narrower sense, in 
the sense in which it is used in this chapter, the police 
power is the system of internal regulations by which a 
State seeks ''to establish for the intercourse of citizen 
with citizen those rules of good manners and good neigh- 
borhood which are calculated to prevent a conflict of rights, 
and to insure to each the uninterrupted enjoyment of his 
own so far as is reasonably consistent with a like enjoy- 
ment of rights by others":^ or, it is the ''power which con- 
strains the inhabitants of a State to conform their general 
behavior, like members of a well-governed family, to the 
rules of propriety, and to be decent, industrious and in- 
offensive in their respective stations." The police power 
properly extends to the regulation of matters which affect 
the health, safety and morality of society. 

The police power rests on the principle that one must 
use his own in such a way as not to injure another. I must 
make such use of my rights, my freedom, my property, as 
will not interfere with my neighbor in the lawful enjoyment 
of his rights and freedom and property. If a man, in 
order to strengthen his lungs, shouts lustily in an open 
field where no one can hear him, government will not 

^ Coolej, * ' Constitutional Limitations, ' ' p. 572. 
390 



THE POLICE POWER OF THE STATES 391 

clieck him, but if his shouting is done where people are 
disturbed by it the police power may be interposed to 
silence him. A maker of dangerous explosives may ply 
his trade in an isolated building and government may not 
interfere, but if he undertakes to make such explosives 
where the lives and property of others are thereby put in 
jeopardy, the police power will be invoked to prevent the 
manufacture. From its nature ''the police power will al- 
ways have a wider field of action in a city than in a village, 
and in a village than in a farming neighborhood." 

The Police Power Exercised by the State. In the division 
of the powers between the States and the federal government 
the police power was left entirely to the States. The fed- 
eral government may exercise this power whenever in the 
discharge of its regular functions it seems necessary, but 
it is rare that it does this. The spirit of our government 
is to leave the police power in its integrity to the States. 
Several attempts have been made to amend the Constitution 
by bestowing upon it powers of this nature, but all such 
movements have failed. 

The Public Health. The State avails itself of the police 
power to preserve and protect the public health. In most 
of the States there is a State Board of Health which exer- 
cises a general supervision over sanitary affairs, and 
cooperates with and gives suggestions to the health officers 
of the county. One of the most important duties of the 
State Board is to prevent the spread of contagious dis- 
eases. In order to accomplish this it provides for the com- 
pulsory vaccination of citizens, and for the disinfection 
and destruction of places exposed to infectious and con- 
tagious diseases. It also may isolate those stricken with 
contagious maladies, and assist in the enforcement of ejuar- 
antine laws. 

In a few States the State Board of Health is clothed 
with substantial powers, and exercises a real control ovei 



392 THE AMERICAN GOVERNMENT 

local sanitation, but in most of the States the actual care 
of the public health rests with the local government. In 
cities, where proper sanitary conditions are of the highest 
importance, a municipal board of health wages constant 
warfare against conditions which produce disease. In the 
discharge of their duties health officers are often com- 
pelled to intrude upon the private rights of the citizen. If 
some one in a house is suffering with a contagious disease 
the house may be quarantined; if there is an epidemic of 
smallpox in a community, the citizens, willing or unwilling, 
may be compelled to be vaccinated; if the water in a pri- 
vate well contains disease-bearing germs the well may be 
condemned and filled up by command of the health officers ; 
if wearing apparel has been exposed to contagious disease 
it may be destroyed by officers of the law. In the name 
of the public health and by virtue of the police power 
which it possesses, the State makes these invasions upon 
private rights. 

The Public Safety. The State, or the local government 
acting for it, uses the police power freely to protect the 
public from unusual dangers. It compels railroad com- 
panies to fence their tracks and build them above or below 
grade at public crossings ; it requires engineers to ring the 
bell and blow the whistle at all places on the railroad where 
the approach of the train may be dangerous to travel; it 
regulates the speed of trains; it limits the number of pas- 
sengers a steamboat may carry; it compels the construc- 
tion of fire-escapes for tall buildings; it permits the 
destruction of property to prevent the spread of fire; 
it throws safeguards around the sale of explosives and 
poisonous drugs; it commands the muzzling of dangerous 
dogs; it orders the demolition of buildings that threaten 
to fall and destroy life or property; it abates nuisances 
which interfere with the comfort and convenience of so- 
ciety. In a hundred ways the citizen is reminded that the 
interests and desires of the individual are brushed aside 
when these happen to be hostile to the safety of society. 



THE POLICE POWER OP THE STATES 393 

The Public Morality. For centuries governments sought 
by legislation to mold the character of individuals. They 
subjected the private conduct of the citizen to official regu- 
lations and restraints with the view of making him a bet- 
ter man. Experience slowly taught the truth that a man 
cannot be legislated into morality, and governments gradu- 
ally changed their attitude. Instead of seeking to improve 
the morals of the individual they framed their laws with 
the view of preserving the morals of the state. In America 
the State uses the police power to protect the public mo- 
rality, but in doing this it does not enter into the con- 
science and intention of the individual and pronounce cer- 
tain acts immoral; it simply declares that certain external 
acts come under the police power for regulation or sup- 
pression because they corrupt the morals of the public 
and thus strike a blow at the general welfare. Among 
these acts are excessive drinking of intoxicating liquors, 
gambling and inflicting cruelty upon animals. The first 
of these requires particular notice. 

Intemperance is as old as history and efforts to suppress 
it by governmental action are almost as old. A thousand 
years before the Christian era an emperor in China, in 
order to put an end to drunkenness, ordered all the vines 
in the kingdom to be uprooted, a reform which was imi- 
tated later (800 b.c.) by Lycurgus of Greece. During the 
middle ages the church struggled with intemperance, but 
at the end of the period Bacon was compelled to say 
that all the crimes on earth did not destroy so many lives 
or alienate so much property as drunkenness. In the seven- 
teenth and eighteenth centuries the English government 
undertook to deal with the liquor traffic, but it did not go 
about the matter in the right way. The consumption of 
liquor increased and drunkenness continued to be the pre- 
vailing vice in all classes of society. In the American 
colonies the evil was widespread. 

In the early years of the nineteenth century temperance 
societies in England and the United States began a cru- 
sade in favor of total abstinence from intoxicating liquors. 



394 THE AMERICAN GOVERNMENT 

and about the middle of the century the influence of these 
societies began to be felt in legislation. In 1851 Maine 
passed a law prohibiting the sale and manufacture of intox- 
icating liquors except for medicinal and mechanical pur- 
poses, and in that State the prohibition law has been re- 
tained and enforced. Other States have passed the famous 
' ' Maine law, ' ' but not all have retained it. At present the 
prohibition policy prevails in Maine, Kansas, North Dakota, 
Oklahoma, Georgia and North Carolina. 

In a number of States a policy of local option prevails 
in reference to the matter of selling liquor. The voters 
of a city or county or town vote upon the question whether 
the saloons shall be licensed or not. If the vote is in favor 
of no license the prohibition law is applied to the particu- 
lar civil division. The plan of local prohibition is followed 
in about three fourths of the States. 

Are prohibition laws effective? They are where there 
is a strong public sentiment behind them. Where judges 
and juries and law officers and the best citizenship of a 
community are in earnest, and are determined that in- 
toxicating liquors shall not be sold, a prohibition law, 
whether local or general, is as successful in that community 
as other laws. As a matter of fact, prohibition laws affect- 
ing the whole State have not often accomplished their 
purpose in all parts of the State, but the plan of local 
option has usually given satisfaction to the friends of pro- 
hibition. 

A great many advocates of temperance reform believe 
that absolute prohibition is impossible and are content that 
the liquor traffic should be regulated. One form of regula- 
tion is to require of those who sell liquors an unusually 
high license. In the States where the high license policy 
has been adopted the license varies from three hundred dol- 
lars to twelve hundred dollars. Thus in some States every 
saloon supports a school. The advocates of high license 
claim that it does away with objectionable saloons; that 
it confines the traffic to responsible dealers; that it dimin- 



THE POLICE POWER OF THE STATES 395 

ishes the number of saloons and thereby decreases the 
power which the saloon may have in polities. 

Do prohibition laws and dispensary laws interfere with 
interstate commerce ? The Supreme Court in 1890 decided 
that the State law could not prevent the sale in original 
packages or kegs unbroken and unopened of liquors manu- 
factured and brought from any other State. This decision 
made it impossible for a State to execute a prohibition law. 
Congress, however, came to the relief of the State and 
passed a law giving the State the right to exercise the police 
power over liquors brought within its borders from an- 
other State, whether in original packages or otherwise. 
In other words, Congress concluded that it would not use 
its power to regulate commerce in such a way as to deprive 
the State of its police power. 

QUESTIONS ON THE TEXT 

1. What is meant by "police power" as the term is used in this 
chapter? To what matters does the police power extend? On what fun- 
d.'imental principle does the police power rest? 

2. By which of the governments is the police power usually exer- 
cised? When does the federal government exercise this power? 

3. What are the duties of the State Board of Health. Give illus- 
trations of the way health officers exercise the police power, 

4. What are some of the uses made of the police power to protect 
the public safety? 

5. What actions are regulated or suppressed because they corrupt 
public morality? 

6. What measures have governments taken in reference to temper- 
ance? What has been the history of temperance legislation in the 
United States? 

7. Describe two forms of prohibition. When are prohibition laws 
effective? 

8. Describe two methods of regulating the liquor traffic. 

9. What has been the history of prohibition laws iu reference to 
interstate commerce? 

SUGGESTIVE QUESTIONS AND EXERCISES 

1. Give reasons why the police power should not be exercised by the 
federal governmept. 



396 THE AMERICAN GOVERNMENT 

2. Does the constitution of the State say anything about the police 
power? 

3. Is there a State board of health in this State? How is it chosen? 
What are some of its powers? 

4. Is there a local board of health in this municipality? How is it 
chosen? What is it doing for the public health? 

5. Name some uses of the police power not stated in the text. 

6. Are you aware of any unwarranted use of the police power in this 
State? If so, how may the abuse be corrected? 

7. On what grounds would you justify a law or ordinance which 
forbids: the firing of Chinese crackers on the Fourth of July? the toot- 
ing of horns on Christmas Eve? the wearing of feathers in ladies' hats? 
the running of trains on Sunday? the selling of cigarettes to boys? the 
building of wooden houses in the center of cities? 

8. Does the constitution of this State say anything about the sale of 
intoxicating liquors? 

9. Are the laws of this State in reference to the sale of liquor regu- 
lative or prohibitive? Are they effective laws? 

10. Is the violation of a police law always a crime? What is the 
difference between a crime and a misdemeanor? between a crime and 
a sin? 

Topics for Special WorJc.—The Maine Law of 1851: 28, 22-96. 



APPENDIX A 



[THE CONSTITUTION 

OF THE 

UNITED STATES OF AMERICA] 

We the People of the United States, in Order to form a 1 
more perfect Union, establish Justice, insure domestic 
Tranquility, provide for the common defence, promote 
the general Welfare, and secure the Blessings of Liberty 
to ourselves and our Posterity, do ordain and establish 
this Constitution for the United States of America. 

ARTICLE I 

Section 1. All legislative Powers herein granted shall be 
vested in a Congress of the United States, which shall con- 2 
sist of a Senate and House of Representatives. 

Section 2. The House of Representatives shall be com- 
posed of Members chosen every second Year by the People 3 
of the several States, and the Electors in each State shall 
have the Qualifications requisite for Electoi's of the most 4 
numerous Branch of the State Legislature. 

No Person shall be a Representative who shall not have 
attained to the age of twenty-five Years, and been seven 5 
Years a Citizen of th« United States, and who shall not, 
when elected, be an Inhabitant of thnt State in which he 6 
shall be chosen. 

397 



398 APPENDIX 

Representatives and direct Taxes shall be apportioned 
among the several States which may be included within this 

7 Union, according to their respective Numbers, which shall 
be determined by adding to the whole Number of free 
Persons, including those bound to Service for a Term of 

8 Years, and excluding Indians not taxed, three fifths of all 
other Persons.'^ The actual Enumeration shall be made 
within three Years after the first Meeting of the Congress 

9 of the United States, and within every subsequent Term 
of ten Years, in such Manner as they shall by Law direct. 

10 The Number of Representatives shall not exceed one for 
every thirty Thousand, but each State shall have at Least 
one Representative; and until such enumeration shall be 
made, the State of New Hampshire shall be entitled to 

11 chuse three, Massachusetts eight, Rhode-Island and Provi- 
dence Plantations one, Connecticut five. New York six. 
New Jersey four, Pennsylvania eight, Delaware one, Mary- 
land six, Virginia ten, North Carolina five, South Caro- 
lina five, and Georgia three. 

12 When vacancies happen in the Representation from any 
State, the Executive Authority thereof shall issue Writs 
of Election to fill such Vacancies. 

13 The House of Representatives shall chuse their Speaker 

14 and other Officers; and shall have the sole Power of Im- 
peachment. 

Section 3. The Senate of the United States shall be com- 

15 posed of two Senators from each State, chosen by the Legis- 
lature thereof, for six Years; and each Senator shall have 
one Vote. 

Immediately after they shall be assembled in Conse- 
quence of the first Election, they shall be divided as equally 
as may be into three Classes. The Seats of the Senators of 
the first Class shall be vacated at the Expiration of the 
second Year, of the second Class at the Expiration of the 
fourth Year, and of the third Class at the Expiration of 

^ The clause in italici? snperseded by the 13th and 14th amendments. 



APPENDIX 399 

the sixth Year, so that one third may be chosen every 16 
second Year; and if Vacancies happen by Resignation, or 
otherwise, during the Recess of the Legislature of any 
State, the Executive thereof may make temporary Ap- 
pointments until the next Meeting of the Legislature, which 17 
shall then fill such Vacancies. 

No Person shall be a Senator who shall not have attained 
to the age of thirty Years, and been nine Years a citizen 18 
of the United States, and who shall not, when elected, 
be an Inhabitant of that State for which he shall be 19 
chosen. 

The Vice President of the United States shall be Presi- 
dent of the Senate, but shall have no Vote, unless they be 20 
equally divided. 

The Senate shall chuse their other Officers, and also a 
President pro tempore, in the Absence of the Vice Presi- 21 
dent, or when he shall exercise the Office of President of 
the United States. 

The Senate shall have the sole Power to try all Impeach- 
ments. When sitting for that Purpose, they shall be on 
Oath or Affirmation. When the President of the United 
States is tried, the Chief Justice shall preside : And no Per- 22 
son shall be convicted without the Concurrence of two 
thirds of the Members present. 

Judgment in Cases of Impeachment shall not extend fur- 
ther than to removal from Office, and disqualification to 
hold and enjoy any Office of honor. Trust or Profit under 
the United States : but the Party convicted shall neverthe- 23 
less be liable and subject to indictment. Trial, Judgment 
and Punishment, according to Law. 

Section 4. The Times, Places and Manner of holding Elec- 
tions for Senators and Representatives, shall be prescribed 
in each State by the Legislature thereof; but the Congress 24 
may at any time by Law make or alter such Regulations, 
except as to the Places of chusing Senators. 

The Cons:ress shall assemble at least once in everv Year, 



iOO APPENDIX 

25 and such Meeting shall be on the first Monday in December, 
unless they shall by Law appoint a different Day. 

26 Section 5. Each House shall be the Judge of the Elections, 
Returns and Qualifications of its own Members, and a Ma- 

27 jority of each shall constitute a Quorum to do business; 
but a smaller Number may adjourn from day to day, and 
may be authorized to compel the Attendance of absent 
Members, in such Manner, and under such Penalties as each 
House may provide. 

28 Each House may determine the Rules of its Proceedings, 
punish its Members for disorderly Behaviour, and, with the 

29 Concurrence of two thirds, expel a Member. 

Each House shall keep a Journal of its Proceedings, and 
from time to time publish the same, excepting such Parts 
as may in their Judgment require Secrecy; and the Yeas 
and Nays of the Members of either House on any question 

30 shall, at the desire of one fifth of those Present, be entered 
on the Journal. 

Neither House, during the Session of Congress, shall, 

31 without the Consent of the other, adjourn for more than 
three days, nor to any other Place than tha,t in which the 
two Houses shall be sitting. 

Section 6. The Senators and Representatives shall receive 

32 a Compensation for their Services, to be ascertained by 
Law, and paid out of the Treasury of the United States. 
They shall in all Cases, except Treason, Felony and Breach 

33 of the Peace, be privileged from Arrest during their At- 
tendance at the Session of their respective Houses, and in 
going to and returning from the same ; and for any Speech 
or Debate in either House, they shall not be questioned 
in any other Place. 

No Senator or Representative shall, during the Time for 

34 which he was elected, be appointed to any civil Office under 
the Authority of the United States, which shall have been 
created, or the Emoluments whereof shall have been en- 



APPENDIX 401 

creased dnring such time ; and no Person holding any Office 35 
under the United States, shall be a Member of either House 
during his Continuance in Office. 

Section 7. All Bills for raising Eevenue shall originate in 36 
the House of Representatives ; but the Senate may propose 
or concur with Amendments as on other Bills. 

Every Bill which shall have passed the House of Repre- 37 
sentatives and the Senate, shall, before it become a Law, 
be presented to the President of the United States; If he 
approve he shall sign it, but if not he shall return it, with 38 
his Objections to that House in which it shall have origi- 
nated, who shall enter the Objections at large on their. 
Journal, and proceed to reconsider it. If after such Recon- 
sideration two thirds of that House shall agree to pass 39 
the Bill, it shall be sent, together with the Objections, to 
the other House, by which it shall likewise be reconsidered, 
and if approved by two thirds of that House, it shall be- 40 
come a Law. But in all such Cases the Votes of both Houses 
shall be determined by yeas and nays, and the Names of 
the Persons voting for and against the Bill shall be en- 
tered on the Journal of each House respectively. If any 
Bill shall not be returned by the President within ten Days 41 
(Sundays excepted) after it shall have been presented to 
him, the Same shall be a Law, in like Manner as if he had 
signed it, unless the Congress by their Adjournment pre- 
vent its Return, in which Case it shall not be a Law. 

Every Order, Resolution,^ or Vote to which the Concur- 42 
rence of the Senate and House of Representatives may be 
necessary (except on a question of Adjournment) shall be 
presented to the President of the United States ; and before 43 
the Same shall take Effect, shall be approved by him, or 
being disapproved by him, shall be repassed by two thirds 
of the Senate and House of Representatives, according to 
the Rules and Limitations prescribed in the Case of a Bill. 

^ Resolutions of Congress proposinir amendments to the Constitution 
do not require the assent of the President. 



402 APPENDIX 

44 Section 8. The Congress shall have Power to lay and col- 
lect Taxes, Duties, Imposts and Excises, to pay the Debts 

45 and provide for the common Defence and general Welfare 
of the United States; but all Duties, Imposts and Excises 
shall be uniform throughout the United States ; 

46 To borrow money on the credit of the United States ; 

47 To regulate Commerce with foreign Nations, and among 
the several States, and with the Indian Tribes ; 

48 To establish an uniform Rule of Naturalization, and 
uniform Laws on the subject of Bankruptcies ^ throughout 
the United States ; 

49 To coin Money, regulate the Value thereof, and of foreign 
Coin, and fix the Standard of Weights and Measures ; 

50 To provide for the Punishment of counterfeiting the 
Securities and current Coin of the United States; 

51 To establish Post Offices and post Roads ; 

To promote the Progress of Science and useful Arts, by 

52 securing for limited Times to Authors and Inventors the 
exclusive Right to their respective Writings and Discov- 
eries ; ^ 

53 To constitute Tribunals inferior to the supreme Court ; 

54 To define and punish Piracies and Felonies committed 
on the high Seas, and Offences against the Law of Nations ; 

55 To declare War, grant Letters of Marque and Reprisal, 
and make Rules concerning Captures on Land and Water ; 

^ A bankrupt law enables a person who is unable to pay all his debts 
to divide what property he has among his creditors proportionately and 
to be discharged from legal obligation to make further payment. Con- 
gress has absolute power in the matter of bankruptcy but it has not 
exercised this power continuously. The present bankrupt law was passed 
in 1898. In the absence of legislation by Congress the State regulates 
the subject of bankruptcy. 

^ An author may secure a copyright on a book by sending to the libra- 
rian of Congress at Washington a copy of the title-page and two copies 
of the book on or before the day of publication. The copyright gives 
an exclusive right to sell for twenty-eight years, a period which upon 
application may be extended fourteen years. A patent secures to an 
inventor the exclusive right to manufacture and sell his invention for 
seventeen years. Patents are secured by sending to the Commissioner 
of Patents at Washington a working model of the thing invented. 



APPENDIX 403 

To raise and support "Armies, but no Appropriation of 
Money to that Use shall be for a longer Term than two 
Years ; 

To provide and maintain a Navy; 

To make Rules for the Government and Regulation of 
the land and naval Forces; 

To provide for calling forth the Militia to execute the 
Laws of the Union, suppress Insurrections and repel In- 
vasions ; 

To provide for organizing, arming, and disciplining, the 
Militia, and for governing such Part of them as may be 
employed in the Service of the United States, reserving 
to the States respectively the Appointment of the officers, 
and the Authority of training the Militia according to the 
discipline prescribed by Congress ; 

To exercise exclusive Legislation in all Cases whatso- 
ever, over such District (not exceeding ten Miles square) 
as may, by Cession of particular States, and the Accep- 
tance of Congress, become the Seat of the Government and 
of the United States, and to exercise like Authority over 
all Places purchased by the Consent of the Legislature of 
the State in which the Same shall be, for the Erection of 
Forts, Magazines, Arsenals, dock- Yards, and other need- 
ful Buildings;— And 

To make all Laws which shall be necessary and proper 
for carrying into Execution the foregoing Powers, and all 
other Powers vested by this Constitution in the Govern- 
ment of the United States, or in any Department or Officer 
thereof. 

[Section 9. The Migration or Importation of such Persons 
as any of the States now existing shall think proper to 
admit, shall not be prohibited by the Congress prior to the 
Year one thousand eight hiuidred and eight, but a Tax 
or duty may be imposed on such Importation, not exceed- 
ing ten dollars for each Person.]^ 

^ This clause has no longer any si2:nifieance. 



404 ' APPENDIX 

64 The Privilege of the Writ of Habeas Corpus shall not be 
suspended, unless when in Cases of Rebellion or Invasion 
the public Safety may require it. 

65 No Bill of Attainder or ex post facto Law shall be passed. 
Q6 No Capitation, or other direct, Tax shall be laid, unless 

in Proportion to the Census or Enumeration herein before 
directed to be taken. 

67 No Tax or Duty shall be laid on Articles exported from 
any State. 

No Preference shall be given by any Regulation of Com- 

68 merce or Revenue to the Ports of one State over those of 
another : nor shall Vessels bound to, or from, one State, be 
obliged to enter, clear, or pay Duties in another. 

69 No Money shall be drawn from the Treasury, but in Con- 
sequence of Appropriations made by Law; and a regular 

70 Statement and Account of the Receipts and Expenditures 
of all public Money shall be published from time to time. 

71 No Title of Nobility shall be granted by the United 
States : And no Person holding any Office of Profit or Trust 
under them, shall, without the Consent of the Congress, 
accept of any present. Emolument, Office, or Title, of any 
kind whatever, from any King, Prince, or foreign State. 

72 Section 10. No State shall enter into any Treaty, Alli- 
ance, or Confederation; grant Letters of Marque and Re- 
prisal; coin Money; emit Bills of Credit; make any Thing 
but gold and silver Coin a Tender in Payment of Debts; 

73 pass any Bill of Attainder, ex post facto Law, or Law im- 
pairing the Obligation of Contracts, or grant any THle 
of Nobility. 

No State shall, without the Consent of the Congress, lay 

74 any Imposts or Duties on Imports or Exports, except what 
may be absolutely necessary for executing its inspection 

75 Laws : and the net Produce of all Duties and Imposts, laid 
by any State on Imports or Exports, shall be for the Use 
of the Treasury of the United States; and all such Laws 
shall be subject to the Revision and Con+roul of Congress. 



APPENDIX 405 

No State shall, without the Consent of Congress, lay any 
Duty of Tonnage, keep Troops, or Ships of War in time 76 
of Peace, enter into any Agreement or Compact with an- 
other State, or with a foreign Power, or engage in War 77 
unless actually invaded, or in such imminent Danger as 
will not admit of delay. 



ARTICLE II 

Section 1. The executive Power shall be vested in a Presi- 78 
dent of the United States of America. He shall hold his 
Office during the Term of four Years, and, together with 79 
the Vice President, chosen for the same Term, be elected, 
as follows 

Each State shall appoint, in such Manner as the Legisla- 80 
ture thereof may direct, a Number of Electors, equal to the 
whole Number of Senators and Representatives to which 81 
the State may be entitled in the Congress : but no Senator 
or Representative, or Person holding an Office of Trust or 
Profit under the United States, shall be appointed an 
Elector. 

[The Electors shall meet in their respective States, and 
vote by ballot for two Persons, of whom one at least shall 82 
not be an Inhabitant of the same State with themselves. 
And they shall make a List of all the Persons voted for, 
and of the Number of Votes for each ; which List they shall 
sign and certify, and transmit sealed to the Seat of the 
Government of the United States, directed to the President 
of the Senate. The President of the Senate shall, in the 
Presence of the Senate and House of Representatives, open 
all the Certificates, and the Votes shall then be counted. 
The Person having the greatest Number of Votes shall be 
the President, if such Nimiber be a Majority of the whole 83 
Number of Electors appointed; and if there be more than 
one who have such a Majority, and have an equal Number 
of Votes, then the House of Representatives shall immedi- 



408 APPENDIX 

ately chuse by Ballot one of them for President; and if 
no Person have a Majority, then from the five highest on 
the List the said House shall in like Manner chuse the Presi- 
dent. But in chusing the President, the Votes shall be 
taken by States, the Representation from each State having 

84 one Vote; A quorum for this Purpose shall consist of a 
Member or Members from two thirds of the States, and a 
Majority of all the States shall be necessary to a Choice. 
In every Case, after the Choice of the President, the Per- 
son having the greatest Number of Votes of the Electors 

85 shall be the Vice President. But if there should remain 
two or more who have equal Votes, the Senate shall chuse 
from them by Ballot the Vice President.] ^ 

The Congress may determine the Time of chusing the 
Electors, and the Day on which they shall give their Votes ; 
which Day shall be the same throughout the United States. 

No Person except a natural born Citizen, or a Citizen of 

86 the United States, at the time of the Adoption of this Con- 
stitution, shall be eligible to the Office of President ; neither 
shall any Person be eligible to that Office who shall not 

87 have attained to the Age of thirty-five Years, and been 
fourteen Years a Resident within the United States. 

In Case of the Removal of the President from Office, or 
of his Death, Resignation, or Inability to discharge the 

88 Powers and Duties of the said Office, the Same shall devolve 
on the Vice President, and the Congress may by Law pro- 

89 vide for the Case of Removal, Death, Resignation or In- 
ability, both of the President and Vice President, declaring 
what Officer shall then act as President, and such Officer 
shall act accordingly, until the Disability be removed, or 
a President shall be elected. 

The President shall, at stated Times, receive for his Ser- 

90 vices, a Compensation which shall neither be encreased nor 
diminished during the Period for which he shall have been 
elected, and he shall not receive within that Period any 
other Emolument from the United States, or any of them. 

^ This paragraph has been superseded by the 12th amendment. 



APPENDIX 407 

Before he enter on the Execution of his Office, he shall 
take the following Oath or Affirmation:— ''I do solemnly 91 
swear (or affirm) that I will faithfully execute the Office 
of President of the United States, and will to the best of 
my Ability, preserve, protect and defend the Constitution 
of the United States. ' ' 



Section 2. The President shall be Commander in Chief of 92 
the Army and Navy of the United States, and of the Militia 
of the several States, when called into the actual Service 
of l^he United States ; he may require the Opinion, in writ- 93 
ing, of the principal Officer in each of the Executive De- 
partments, upon any Subject relating to the Duties of their 
respective Offices, and he shall have Power to grant Re- 94 
prieves and Pardons for Offences against the United States, 
except in Cases of Impeachment. 

He shall have Power, by and with the Advice and Con- 
sent of the Senate, to make Treaties, provided two thirds 95 
of the Senators present concur; and he shall nominate, 
and by and with the Advice and Consent of the Senate, 
shall appoint Ambassadors, other public Ministers and Con- 96 
suls, Judges of the supreme Court, and all other Officers 97 
of the United States, whose Appointments are not herein 
otherwise provided for, and which shall be established by 
Law : but the Congress may by Law vest the Appointment 08 
of such inferior Officers, as they think proper, in the Presi- 
dent alone, in the Courts of Law, or in the Heads of Depart- 
ments. 

The President shall have Power to fill up all Vacancies 
that may happen during the Recess of the Senate, by 99 
granting Commissions which shall expire at the End of 
their next Session. 

Section 3. Pie shall from time to time give to the Congress 
Information of the State of the Union, and recommend to 
their Consideration such Measures as he shall judge neces- 



408 APPENDIX 

100 sary and expedient; lie may, on extraordinary Occasions, 
convene both Houses, or either of them, and in Case of 
Disagreement between them, with Respect to the time of 

101 Adjournment, he may adjourn them to such Time as he 
shall think proper ; he shall receive Ambassadors and other 

102 public Ministers ; he shall take Care that the Laws be faith- 
fully executed, and shall Commission all the Officers of 
the United States. 

103 Section 4. The President, Vice President and all civil 
Officers of the United States, shall be removed from Office 

104 on Impeachment for, and Conviction of, Treason, Bribe:^v, 
or other high Crimes and Misdemeanors. 



ARTICLE III 

Section 1. The judicial Power of the United States, shall 

105 be vested in one supreme Court, and in such inferior Courts 
as the Congress may from time to time ordain and estab- 
lish. The Judges, both of the supreme and inferior Courts, 

106 shall hold their Offices during good Behaviour, and shall, 
at stated Times, receive for their Services, a Compensation, 
which shall not be diminished during their continuance 
in Office. 

Section 2. The judicial Power shall extend to all Cases, 
in Law and Equity, arising under this Constitution, the 
Laws of the United States, and Treaties made, or which 
shall be made, under their Authority ;— to all Cases affect- 

107 ing Ambassadors, other public Ministers and Consuls;— 
to all Cases of admiralty and maritime Jurisdiction; — to 

108 Controversies to which the United States shall be a Party; 
— to Controversies between two or more States; — between 

109 a State and Citizens of another State; ^—between Citizens 
of different States;— between Citizens of the same State 

^ This clause was modified by the 11th amendment (p. 153). 



APPENDIX 409 

claiming Lands under Grants of different States, and be- 
tween a State, or the Citizens thereof, and foreign States, 
Citizens or Subjects. 

In all Cases affecting Ambassadors, other public Minis- 
ters and Consuls, and those in which a State shall be Party, 
the supreme Court shall have original Jurisdiction. In all 110 
the other Cases before mentioned, the supreme Court shall 
have appellate Jurisdiction, both as to Law and Fact, with 
such Exceptions, and under such regulations as the Con- 
gress shall make. 

The Trial of all Crimes, except in Cases of Impeach- 
ment, shall be by Jury; and such Trial shall be held in the 111 
State where the said Crimes shall have been committed; 
but when not committed within any State, the Trial shall 
be at such Place or Places as the Congress may by Law 
have directed. 

Section 3. Treason against the United States, shall con- 112 
sist only in levying War against them, or in adhering to 
their Enemies, giving them Aid and Comfort. No Person 
shall be convicted of Treason unless on the Testimony of 113 
two Witnesses to the same overt Act, or on Confession in 
open Court. 

The Congress shall have Power to declare the Punish- 114 
ment of Treason, but no Attainder of Treason shall work 
Corruption of Blood, or Forfeiture except during the Lif^ 
of the Person attainted. 



ARTICLE IV 

Section 1. Full Faith and Credit shall be given in each 115 
State to the public Acts, Records, and judicial Proceedings 
of every other State. And the Congress may by general 
Laws prescribe the Manner in which such Acts, Records 
and Proceedings shall be proved, and the Effect thereof. 



410 APPENDIX 

116 Section 2. The Citizens of each State shall be entitled to 
all Privileges and Immunities of Citizens in the several 
States. 

A Person charged in any State with Treason, Felony, 

117 or other Crime, shall on Demand of the executive Authority 
of the State from which he fled, be delivered up, to remove 
to the State having Jurisdiction of the Crime. 

[No Person held to Service or Labour in one State, under 
the Laws thereof, escaping into another, shall, in Conse- 
quence of any Law or Regulation therein, be discharged 
from such Service or Labour, but shall be delivered up on 
Claim of the Party to whom such Service or Labour may 
be due.]^ 



118 Section 3. New States may be admitted by the Congress 
into this Union ; but no new State shall be formed or erected 
within the Jurisdiction of any other State, nor any State 
be formed by the Junction of two or more States, or Parts 
of States, without the Consent of the Legislatures of the 
States concerned as well as of the Congress. 

119 The Congress shall have Power to dispose of and make 
all needful Rules and Regulations respecting the Territory 
or other Property belonging to the United States ; and no- 
thing in this Constitution shall be so construed as to Preju- 
dice any Claims of the United States, or of any particular 
State. 



120 Section 4. The United States shall guarantee to every 
State in this Union a Republican Form of Government, 
and shall protect each of them against Invasion; and on 

121 Application of the Legislature, or of the Executive (when 
the Legislature cannot be convened) against domestic Vio- 
lence. 

^ Since the abolition of slavery this clause has had no significance. 



APPENDIX 411 



ARTICLE V 



The Congress, whenever two thirds of both Houses shall 122 
deem it necessary, shall propose Amendments to this Con- 
stitution, or, on the Application of the Legislatures of two 
thirds of the several States, shall call a Convention for 
proposing Amendments, which, in either Case, shall be 
valid to all Intents and Purposes, as Part of this Constitu- 
tion, when ratified by the Legislatures of three fourths of 123 
the several States, or by Conventions in three fourths 
thereof, as the one or the other Mode of Ratification may 
be proposed by the Congress ; Provided that no Amendment 
which may be made prior to the Year One thousand eight 
hundred and eight shall in any Manner affect the first and 
fourth Clauses in the Ninth Section of the first Article; 
and that no State, without its Consent, shall be deprived 124 
of its equal Suffrage in the Senate. 



ARTICLE VI 

All Debts contracted and Engagements entered into, 
before the Adoption of this Constitution, shall be as valid 125 
against the United States under this Constitution, as under 
the Confederation. 

This Constitution, and the Laws of the United States 
which shall be made in Pursuance thereof ; and all Treaties 12G 
made, or which shall be made, under the Authority of the 
United States, shall be the supreme Law of the Land : and 
the Judges in every State shall be bound thereby, any 127 
Thing in the Constitution or Laws of any State to the 
Contrary notwithstanding. 

The Senators and Representatives before mentioned, and 
the Members of the several State Legislatures, and all 
executive and judicial Officers, both of the United States 



412 APPENDIX 

and of the several States, shall be bound by Oath or Affir- 

128 mation, to support this Constitution ; but no religious Test 
shall ever be required as a Qualification to any Office or 
public Trust under the United States. 

ARTICLE VII 

129 The Ratification of the Conventions of nine States, shall 
be sufficient for the Establishment of this Constitution be- 
tween the States so ratifying the same. 

Done in Convention by the Unanimous Consent of the 
States present the Seventeenth Day of September in the 
Year of our Lord one thousand seven hundred and Eighty 
seven and of the Independence of the United States of 

130 America the Twelfth In Witness whereof We have here- 
unto subscribed our Names, 

Go : WASHINGTON-Prm'cZ^. 

and deputy from Virginia 

Attest William Jackson .Secretary 

,y -rr 7 • (John Langdon 
New Hampshire <^^ ^ 

/Nicholas Gilman 



Massachusetts 



Connecticut 



("Nathaniel Gorham 
(RuFUS King 

(Wm. Saml. Johnson 
) Roger Sherman 



New York .... Alexander Hamilton 



New Jersey 



WiL: Livingston 
IDavid Brearley 
IWm. Paterson 
>JoNA: Dayton 



APPENDIX 



413 



Pennsylvania 



'B. Franklin 
Thomas Mifflin 
RoBT. Morris 
Geo. Clymer 
Thos. Fitz Simons 
Jared Ingersoll 
James Wilson 
^Gouv Morris 



Delaware 



I Geo : Read 

I Gunning Bedford jun 
John Dickinson 
Richard Bassett 
^Jaoo: Broom 



! James McHenry 
Dan of St Thos. Jenifer 
Danl Carroll 



Virginia 



(■John Blair— 
(James Madison Jr. 



North Carolina 



Wm : Blount 

RiCHD. DOBBS SpAIGHT 

Hu Williamson 



South Carolkm 



J. Rutledge 

I Charles Cotesworth Pinokney 

I Charles Pinckney 

Pierce Butler 



Georgia 



(William Few 
(Abr Baldwin 



ARTICLES 

IN 
ADDITION TO, AND AMENDMENT OF 

THE 

CONSTITUTION OF THE UNITED STATES 
OF AMERICA 1 

PROPOSED BY CONGRESS AND RATIFIED BY THE LEGISLATURES 

OF THE SEVERAL STATES, PURSUANT TO THE FIFTH 

ARTICLE OF THE CONSTITUTION 



ARTICLE I 

131 Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof; or 

132 abridging the freedom of speech, or of the press; or the 

133 right of the people peaceably to assemble, and to petition 
the Government for a redress of grievances. 



ARTICLE II 

134 A well regulated militia, being necessary to the security 
of a free State, the right of the people to keep and bear 
arms, shall not be infringed. 

^ The first ten amendments were adopted in 1791. 
414 



APPENDIX 415 



ARTICLE III 



No soldier shall, in time of peace be quartered in any 135 
house, without the consent of the Owner, nor in time of war, 
but in a manner to be prescribed by law. 

ARTICLE IV 

The right of the people to be secure in their persons, 136 
houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated, and no Warrants shall 
issue, but upon probable cause, supported by Oath or affir- 
mation, and particularly describing the place to be 
searched, and the persons or things to be seized. 

ARTICLE V 

No person should be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or in- 137 
dictment of a Grand Jury, except in cases arising in the 
land or naval forces, or in the Militia, when in actual ser- 
vice in the time of War or public danger; nor shall any 
person be subject for the same offence to be twice put in 
jeopardy of life or limb ; nor shall be compelled in anj^ 
Criminal Case to be a witness against himself, nor be de- 
prived of life, liberty, or property, without due process 138 
of law ; nor shall private property be taken for public use, 
without just compensation. 

ARTICLE VI 

In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury 139 
of the State and district wherein the crime shall have been 



416 APPENDIX 

committed, which district shall have been previously ascer- 
tained by law, and to be informed of the nature and cause 
of the accusation; to be confronted with the witnesses 

140 against him; to have compulsory process f©r obtaining 
witnesses in his favor, and to have the Assistance of Coun- 
sel for his defence. 

ARTICLE VII 

141 In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall 
be preserved, and no fact tried by a jury shall be other- 
wise re-examined in any Court of the United States, than 
according to the rules of the common law. 

ARTICLE VIII 

142 Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

ARTICLE IX 

143 The enumeration in the Constitution of certain rights, 
shall not be construed to deny or disparage others retained 
by the people. 

ARTICLE X 

144 The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are reserved 
to the States respectively, or to the people. 

ARTICLE XII 

145 The Judicial power of the United States shall not be 
construed to extend to any suit in law or equity, com- 

^ Adopted in 1798. 



APPENDIX 417 

menced or prosecuted against one of the United States by 
Citizens of another State, or by Citizens or Subjects of any 
Foreign Statf^- 

ARTICLE XIII 

The Electors shall meet in their respective States, and 146 
vote by ballot for President and Vice President, one of 
whom, at least, shall not be an inhabitant of the same State 
with themselves ; they shall name in their ballots the person 
voted for as President, and in distinct ballots the person 147 
voted for as Vice President, and they shall make distinct 
lists of all persons voted for as President, and of all per- 
sons voted for as Vice President, and of the number of 
votes for each, which lists they shall sign and certify, and 
transmit sealed to the seat of the government of the United 
States, directed to the President of the Senate;— The Presi- 
dent of the Senate shall, in presence of the Senate and House 
of Representatives, open all the certificates and the votes 
shall then be counted;— The person having the greatest 
number of votes for President, shall be the President, if 
such number be a majority of the whole number of Elec- 
tors appointed ; and if no person have such majority, then 
from the persons having the highest numbers not exceeding 
three on the list of those voted for as President, the House 
of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the votes shall be 148 
taken by States, the representation from each State having 
one vote; a quorum for this purpose shall consist of a 
member or members from two thirds of the States, and a 
majority of all the States shall be necessary to a choice. 
And if the House of Representatives shall not choose a 
President whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then 
the Vice President shall act as President, as in the case of 
the death or other constitutional disability of the President. 

' Adopted ill 180-4. 
27 



418 APPENDIX 

The person having the greatest number of votes as Vice 
President, shall be the Vice President, if such number be 
a majority of the whole number of Electors appointed, and 
if no person have a majority, then from the two highest 
numbers on the list, the Senate shall choose the Vice Presi- 
dent ; a quorum for the purpose shall consist of two thirds 
of the whole number of Senators, and a majority of the 
whole number shall be necessary to a choice. But no person 
constitutionally ineligible to the office of President shall 
be eligible to that of Vice President of the United States. 



ARTICLE XIII 1 

Section 1. Neither slavery nor involuntary servitude, 
except as a punishment for crime whereof the party shall 
have been duly convicted, shall exist within the United 
States, or any place subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this 
article by appropriate legislation. 



ARTICLE XIV 2 

►EJECTION 1. All persons born or naturalized in the 

150 United States, and subject to the jurisdiction thereof, are 
citizens of the United States and of the State wherein they 

151 reside. No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the 
United States ; nor shall any State deprive any person of 

152 life, liberty, or property, without due process of law; nor 
deny to any person within its jurisdiction the equal pro- 
tection of the laws. 

Section 2. Representatives shall be apportioned among 

153 the several States according to their respective numbers. 
counting the whole number of persons in each State, ex- 

1 Adopted in 1865. ' Adopted in 1S68. 



APPENDIX 419 

eluding Indians not taxed. But when the right to vote 
at any election for the choice of electors for President and 
Vice President of the United States, Hepresentatives in 
Congress, the Executive and Judicial officers of a State, or 
the members of the Legislature thereof, is denied to any 
of the male inhabitants of such State, being twenty-one 
years of age, and citizens of the United States, or in any 
way abridged, except for participation in rebellion, or other 
crime, the basis of representation therein shall be reduced 154 
in the proportion which the number of such male citizens 
shall bear to the whole number of male citizens twenty-one 
years of age in such State. 

Section 3. No person shall be a Senator or Represen- 
tative in Congress, or elector of President and Vice Presi- 
dent, or hold any office, civil or military, under the United 
States, or under any State, who, having previously taken 
an oath, as a member of Congress, or as an officer of the 
United States, or as a member of any State legislature, or 
as an executive or judicial officer of any State, to support 
the Constitution of the United States shall have engaged 155 
in insurrection or rebellion against the same, or given aid 
or comfort to the enemies thereof. But Congress may 
by a vote of two thirds of each House, remove such dis- 
ability. 

Section 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for 15G 
payment of pensions and bounties for services in suppress- 
ing insurrection or rebellion, shall not be questioned. But 
neither the United States nor any State shall assume or 157 
pay any debt or obligation incurred in aid of insurrec- 
tion or rebellion against the United States, or any claim 
for the loss or emancipation of any slave; but all such 
debts, obligations and claims shall be held illegal and 
void. 

Section 5. The Congress shall have power to en- 15S 
force, by appropriate legislation, the provisions of this 
article. 



420 APPENDIX 



ARTICLE Xyi 



1519 Section 1. The right of citizens of the United States 
to vote shall not be denied or abridged by the United States 
or by any State on account of race, color, or previous con- 
dition of servitude. 

Section 2. The Congress shall have power to enforce 
this article by appropriate legislation. 
^ Adopted in 1870. 



APPENDIX B 



THE FIRST WRITTEN CONSTITUTION 
(The Fundamental Orders of Connecticnt. 1639) 

Forasmuch as it hath pleased the AUmighty God by the 
wise disposition of his diuyne pruidence so to Order and 
dispose of things that we the Inhabitants and Residents 
of Windsor, Harteford and Wethersfield are now cohabiting 
and dwelling in and vppon the River of Conectecotte and 
the Lands thereunto adioyneing; And well knowing where 
a people are gathered togather the word of God requires 
that to mayntayne the peace and vnion of such a people 
there should be an orderly and decent Gouerment estab- 
lished according to God, to order and dispose of the af- 
faryes of the people at all seasons as occation shall require ; 
doe therefore assotiate and conioyne our selues to be as one 
Publike State or Comonwelth; ... to be guided and 
gouerned according to such Lawes, Rules, Orders and 
decrees as shall be made, ordered & decreed, as followeth:— 

1. It is Ordered, sentenced and decreed, that there shall 
be yerely two generall Assemblies or Courts, the on the 
second thursday in April, the other the second thursday 
in September, following ; the first shall be called the Courte 
of Election, wherein shall be yerely Chosen from tyme to 
tyme soe many Magestrats and other publike Officers as 
shall be foimd requisitte: Whereof one to be chosen Cou- 
ernour for the yeare ensueing and vntill another be chosen, 
and noe Magestrate to be chosen for more than one yeare ; 
pruided allwayes there be sixe chosen besides the Gouer- 

421 



422 APPENDIX 

nour; wch being chosen and sworne according to an Oath 
recorded for that purpose shall haue power to administer 
iustice according to the Lawes here established, and for 
want thereof according to the rule of the word of God; 
wch choise shall be made by all that are admitted freemen 
and haue taken the Oath of Fidellity, and doe cohabitte 
wthin this Jurisdiction, (hauing beene admitted Inhabi- 
tants by the maior prt of the Towne wherein they line,) or 
the mayor prte of such as shall be then prsent. 

2. It is Ordered, sentensed and decreed, that the Election 
of the aforesaid Magestrats shall be on this manner : euery 
prson prsent and quallified for choyse shall bring in (to 
the prsons deputed to receaue them) one single papr wth 
the name of him written in yt whom he desires to haue 
Gouernour, and he that hath the greatest number of papers 
shall be Gouernour for that yeare. And the rest of the 
Magestrats or publike Officers to be chosen in this manner : 
The Secretary for the tyme being shall first read the 
names of all that are to be put to choise and then shall 
seuerally nominate them distinctly, and euery one that 
would haue the prson nominated to be chosen shall bring 
in one single paper written vppon, and he that would not 
haue him chosen shall bring in a blanke ; and euery one that 
hath more written papers than blanks shall be Magistrat 
for that yeare; wch papers shall be receaued and told by 
one or more that shall be then chosen by the court and 
sworne to be faythfull therein; but in case there should 
not be sixe chosen as aforesaid, besids the Gouernor, out 
of those wch are nominated, then he or they wch haue the 
most written papers shall be a Magestrate or Magestrats 
for the ensueing yeare, to make vp the aforesaid number. 

3. It is Ordered, sentenced and decreed, that the Secre- 
tary shall not nominate any prson, nor shall any prson be 
chosen newly into the Magestracy wch was not prpownded 
in some Generall Courte before, to be nominated the next 
Election ; and to that end yt shall be lawful for ech of the 
Townes aforesaid by their deputyes to nominate any two 



APPENDIX 423 

whom they conceaue fitte to be put to election; and the 
Conrte may ad so many more as they judge requisitt. 

4. It is Ordered, sentenced and decreed that noe prson 
be chosen Gouernor aboue once in two yeares, and that 
Gouernor be always a member of some approved congre- 
gation, and formerly of the Magestracy wthin this Juris- 
diction; and all the Magestrats Freemen of this Common- 
welth and that no Magestrate or other publike officer shall 
execute any prte of his or their Office before they are seuer- 
ally sworne, wch shall be done in the face of the Courte 
if they be prsent, and in case of absence by some deputed 
for that purpose. 

5. It is Ordered, sentenced and decreed, that to the 
aforesaid Courte of Election the seurall Townes shall send 
their deputyes, and when the Elections are ended they 
may prceed in any publike searuice as at other Courts. 
Also the other Generall Court in September shall be for 
makeing of lawes, and any other publike occation, wch 
conserns the good of the Commonwelth. 

6. It is Ordered, sentenced and decreed, that the Gouer- 
nor shall, ether by himself of by the secretary, send out 
sumons to the Constables of euery Towne for the cauleing 
of these two standing Courts, on month at lest before their 
seuerall tymes : And also if the Gouernor and the greatest 
prt of the Magestrats see cause vppon any spetiall occation 
to call a generall Courte, they may giue order to the secre- 
tary soe to doe wthin fowerteene dayes warneing; and if 
vrgent necessity so require, vppon a shorter notice, glueing 
sufficient grownds for yt to the deputyes when they meete, 
or els be questioned for the same ; And if the Gouernor and 
Mayor prte of Magestrats shall ether neglect or refuse to 
call the two Generall standing Courts or ether of them, as 
also at other tymes when the occations of the Commonwelth 
require, the Freemen thereof, or the IMayor prto of them 
shall petition to them soe to doe : if then yt be ether denyed 
or neglected the said Freemen or the Major prte of them 
shall haue power to giue order to the Constables of the 



424 APPENDIX 

seuerall Townes to doe the same, and so may meete to- 
gether, and chuse to themselues a Moderator, and may 
prceed to do any Acte of power, wch any other Generall 
Courte may. 

7. It is Ordered, sentenced and decreed that after there 
are warrants giuen out for any of the said General Courts, 
the Constable or Constables of ech Towne shall forthwth 
give notice distinctly to the inhabitants of the same, in 
some publike Assembly or by goeing or sending from howse 
to howse, that at a place and tyme by him or them lymited 
and sett, they meet and assemble them selues togather to 
elect and chuse certain deputyes to be att the General 
Courte then following to agitate the afayres of the com- 
monwelth; wch said Deputyes shall be chosen by all that 
are admitted Inhabitants in the seuerall Townes and haue 
taken the oath of fidelity; pruided that non be chosen a 
Deputy for any Generall Courte wch is not a Freeman of 
this Commonwelth. 

8. It is Ordered, sentenced and decreed, that Wyndsor, 
Hartford and Wethersfield shall haue power, ech Towne, 
to send fower of their freemen as deputyes to euery Gen- 
erall Courte ; and whatsoeuer other Townes shall be here- 
after added to this Jurisdiction, they shall send so many 
deputyes as the Courte shall judge meete, a resonable 
prportion to the number of Freemen that are in the said 
Townes being to be attended therein; wch deputyes shall 
have the power of the whole Towne to giue their voats 
and alowance to all such lawes and orders as may be for 
the publike good, and unto wch the said Townes are to be 
bownd. 

9. It is ordered and decreed, that the deputyes thus 
chosen shall haue power and liberty to appoynt a tyme and 
a place of meeting togather before any Generall Courte to 
aduise and consult of all such things as may concerne the 
good of the publike, as also to examine their owne Elec- 
tions, whether according to the order, and if they or the 
gretest prte of them find any election to be illegall they 



APPENDIX 425 

may seclud such for prsent from their meeting, and re- 
turne the same and their resons to the Courte; and if yt 
proue true, the Courte may fyne the prty or prtyes so in- 
truding and the Towne, if they see cause, and giue out a 
warrant to goe to a newe election in a legall way, either 
in prte or in whole. Also the said deputyes shall haue 
power to fyne any that shall be disorderly at their meet- 
ings, or for not coming in due tyme or place according to 
appoyntment; and they may returne the said fynes into 
the Courte if yt be refused to be paid, and the treasurer 
to take notice of yt, and to estreete or levy the same as he 
doth other fynes. 

10. It is Ordered, sentenced and decreed, that euery 
Generall Courte, except such as through neglecte of the 
Gouernor and the greatest prte of Magestrats the Freemen 
themselves doe call, shall consist of the Gouernor, or some 
one chosen to moderate the Court, and 4 other Magestrats 
at lest, wth the mayor prte of the deputyes of the seuerall 
Townes legally chosen; and in case the Freemen or mayor 
prte of them, through neglect or refusall of the Gouernor 
and mayor prte of the magestrats, shall call a Courte, yt 
shall consist of the mayor prte of Freemen that are prsent 
or their deputyes, wth a Moderator chosen by them: In 
wch said Generall Courts shall consist the supreme power 
of the Comonwelth, and they only shall haue power to make 
laws or repeale them, to graunt leuyes, to admitt of Free- 
men, dispose of lands vndisposed of, to seuerall Townes or 
prsons, and also shall haue power to call ether Courte or 
Magestrate or any other prson whatsoeuer into question 
for any misdemeanour, and may for just causes displace 
or deale otherwise according to the nature of the offence ; 
and also may deale in any other matter that concerns the 
good of this comonwelth, excepte election of Magestrats, 
wch shall be done by the whole boddy of Freemen. 

In wch Courte the Gouernour or Moderator shall haue 
power to order the Courte to giue liberty of spech, and 
silence vnceasonable and disorderly speakeiugs, to put all 



426 APPENDIX 

th-ings to voate, and in case the vote be eqnall to haue the 
casting voice. But non of these Courts shall be adiomed 
or dissolued wthout the consent of the maior prte of the 
Court. 

11. It is ordered, sentenced and decreed, that when any 
Generall Courte vppon the occations of the Comonwelth 
haue agreed vppon any sume or somes of money to be 
leuyed vppon the seuerall Townes wthin this Jurisdiction, 
that a Comittee be chosen to sett out and appoynt wt shall 
be the prportion of euery Towne to pay of the said leuy, 
prvided the Committees be made vp of an equall number 
out of each Towne. 



APPENDIX C 



THE ORDINANCE OF 1787 

Be it ordained hy the United States in Congress assem- 
bled, That the said territory [the Northwest Territory], 
for the purposes of temporary government, be one district, 
subject, however, to be divided into two districts, as future 
circumstances may, in the opinion of Congress, make it 
expedient. 

Be it ordained hy the authority aforesaid, That there 
shall be appointed, from time to time, by Congress, a 
governor, whose commission shall continue in force for the 
term of three years, unless sooner revoked by Congress; 
he shall reside in the district, and have a freehold estate 
therein in 1000 acres of land, while in the exercise of his 
office. 

There shall be appointed, from time to time, by Congress, 
a secretary, whose commission shall continue in force for 
four years unless sooner revoked; he shall reside in the 
district, and have a freehold estate therein in 500 acres 
of land, while in the exercise of his office ; it shall be his 
duty to keep and preserve the acts and laws passed by the 
legislature, and the public records of the district, and the 
proceedings of the governor in his Executive department ; 
and transmit authentic copies of such acts and proceed- 
ings, every six months, to the Secretarj^ of Congress : There 
shall also be appointed a court to consist of three judges, 
any two of them to form a court, who shall have a common 
law jurisdiction, and reside in the district, and have each 
therein a freehold estate in 500 acres of land while in the 

427 



428 APPENDIX 

exercise of their offices; and their commissions shall con- 
tinue in force during good behavior. 

The governor and judges, or a majority of them, shall 
adopt and publish in the district such laws of the original 
States, criminal and civil, as may be necessary and best 
suited to the circumstances of the district, and report them 
to Congress from time to time : which laws shall be in force 
in the district until the organization of the General Assem- 
bly therein, unless disapproved of by Congress ; but, after- 
wards, the legislature shall have authority to alter them 
as they shall think fit. 

The governor, for the time being, shall be commander- 
in-chief of the militia, appoint and commission all officers 
in the same below the rank of general officers ; all general 
officers shall be appointed and commissioned by Congress. 

Previous to the organization of the General Assembly, 
the governor shall appoint such magistrates and other civil 
officers, in each county or township, as he shall find neces- 
sary for the preservation of the peace and good order in 
the same : After the General Assembly shall be organized, 
the powers and duties of the magistrates and other civil 
officers, shall be regulated and defined by the said assembly; 
but all magistrates and other civil officers, not herein other- 
wise directed, shall, during the continuance of this tem- 
porary government, be appointed by the governor. 

For the prevention of crimes and injuries, the laws to 
be adopted or made shall have force in all parts of the dis- 
trict, and for the execution of process, criminal and civil, 
the governor shall make proper divisions thereof; and he 
shall proceed, from time to time, as circumstances may 
require, to lay out the parts of the district in which the 
Indian titles shall have been extinguished, into counties 
and townships, subject, however, to such alterations as 
may thereafter be made by the legislature. 

So soon as there shall be 5000 free male inhabitants of 
full age in the district, upon giving proof thereof to the 
governor, they shall receive authority, with time and place, 



APPENDIX 429 

to elect representatives from their counties or townships 
to represent them in the General Assembly : Provided, That, 
for every 500 free male inhabitants, there shall be one 
representative, and so on progressively, with the number 
of free male inhabitants, shall the right of representation 
increase, until the number of representatives shall amount 
to 25 ; after which, the number and proportion of represen- 
tatives shall be regulated by the legislature : Provided, That 
no person be eligible or qualified to act as a representative 
unless he shall have been a citizen of one of the United 
States three years, and be a resident in the district, or 
unless he shall have resided in the district three years ; and, 
in either case, shall likewise hold in his own right, in fee 
simple, 200 acres of land within the same: Provided, also, 
That a freehold of 50 acres of land in the district, having 
been a citizen of one of the States, and being resident in 
the district, or the like freehold and two years residence 
in the district, shall be necessary to qualify a man as an 
elector of a representative. 

The representatives thus elected, shall serve for the term 
of two years ; and, in case of the death of a representative, 
or removal from office, the governor shall issue a writ to 
the county or township for which he was a member, to elect 
another in his stead, to serve for the residue of the term. 

The General Assembly, or Legislature, shall consist of 
the governor, legislative council, and a house of represen- 
tatives. The legislative council shall consist of five mem- 
bers, to continue in office five years, unless sooner removed 
by Congress ; any three of whom to be a quormn : and the 
members of the council shall be nominated and appointed 
in the following manner, to wit: As soon as representa- 
tives shall be elected, the governor shall appoint a time 
and place for them to meet together; and, when met, they 
shall nominate ten persons, residents in the district, and 
each possessed of a freehold in 500 acres of land, and re- 
turn their names to Congress ; five of whom Congress shall 
appoint and commission to serve as aforesaid; and, when- 



430 APPENDIX 

ever a vacancy shall happen in the council, by death or 
removal from office, the house of representatives shall nom- 
inate two persons, qualified as aforesaid, for each vacancy, 
and return their names to Congress, one of whom Congress 
shall appoint and commission for the residue of the term. 
And every five years, four months at least before the ex- 
piration of the time of service of the members of council, 
the said house shall nominate ten persons, qualified as 
aforesaid, and return their names to Congress; five of 
whom Congress shall appoint and commission to serve as 
members of the council five years, unless sooner removed. 
And the governor, legislative council, and house of repre- 
sentatives, shall have authority to make laws in all cases, 
for the good government of the district, not repugnant 
to the principles and articles in this ordinance established 
and declared. And all bills, having passed by a majority 
in the house, and by a majority in the council, shall be 
referred to the governor for his assent ; but no bill, or legis- 
lative act whatever, shall be of any force without his assent. 
The governor shall have power to convene, prorogue, and 
dissolve the General Assembly, when, in his opinion, it shall 
be expedient. 

The governor, judges, legislative council, secretary, and 
such other officers as Congress shall appoint in the district, 
shall take an oath or affirmation of fidelity and of office ; 
the governor before the President of Congress, and all 
other officers before the governor. As soon as a legislature 
shall be formed in the district, the council and house assem- 
bled in one room, shall have authority, by joint ballot, 
to elect a delegate to Congress, who shall have a seat in 
Congress, with a right of debating but not of voting during 
this temporary government. 

And, for extending the fundamental principles of civil 
and religious liberty, which form the basis whereon these 
republics, their laws and constitutions are erected ; to fix 
and establish those principles as the basis of all laws, con- 
stitutions, and governments, which forever hereafter shall 



APPENDIX 431 

be formed in the said territory: to provide also for the 
establishment of States, and permanent government therein, 
and for their admission to a share in the federal councils 
on an equal footing with the original States, at as early 
period as may be consistent with the general interest: 

It is herehy ordained and declared hy the authority 
aforesaid, That the following articles shall be considered 
as articles of compact between the original States and the 
people and States in the said territory and forever remain 
unalterable, unless by common consent, to wit : 

Art. 1st. No person, demeaning himself in a peaceable 
and orderly manner, shall ever be molested on account 
of his mode of worship or religious sentiments, in the said 
territory. 

Art. 2nd. The inhabitants of the said territory shall 
always be entitled to the benefits of the writ of habeas 
corpus, and of the trial by jury; of a proportionate repre- 
sentation of the people in the legislature; and of judicial 
proceedings according to the course of the common law. 
All persons shall be bailable, unless for capital offences, 
where the proof shall be evident or the presumption great. 
All fines shall be moderate ; and no cruel or unusual punish- 
ment shall be inflicted. No man shall be deprived of his 
liberty or property, but by the judgment of his peers or the 
law of the land ; and, should the public exigencies make it 
necessary, for the common preservation, to take any per- 
son's property, or to demand his particular services, full 
compensation shall be made for the same. And in the just 
preservation of rights and property, it is understood and 
declared, that no law ought ever to be made, or have force 
in the said territory, that shall, in any manner whatever, 
interfere with or affect private contracts or engagements, 
bona fide, and without fraud, previously formed. 

Art. 3rd. Religion, morality, and knowledge, being nec- 
essary to good government and the happiness of mankind, 
schools and the means of education shall forever be en- 
couraged. The utmost good faith shall always be observed 



432 APPENDIX 

towards the Indians; their lands and property shall never 
be taken from them without their consent; and, in their 
property, rights, and liberty, they shall never be invaded 
or disturbed, unless in just and lawful wars authorized by 
Congress ; but laws founded in justice and humanity, shall, 
from time to time, be made preventing wrongs being done 
to them, and for preserving peace and friendship with 
them. 

Art. 4th. The said territory, and the States which may 
be formed therein, shall forever remain a part of this con- 
federacy of the United States of America, subject to the 
Articles of Confederation, and to such alterations therein 
as shall be constitutionally made; and to all the acts and 
ordinances of the United States in Congress assembled, 
conformable thereto. The inhabitants and settlers in the 
said territory shall be subject to pay a part of the federal 
debts contracted or to be contracted, and a proportional 
part of the expenses of government, to be apportioned on 
them by Congress according to the same common rule and 
measure by which apportionments thereof shall be made 
on the other States ; and the taxes, for paying their propor- 
tion, shall be laid and levied by the authority and direc- 
tion of the legislatures of the district or districts, or new 
States, as in the original States within the time agreed 
upon by the United States in Congress assembled. The 
legislatures of those districts or new States, shall never 
interfere with the primary disposal of the soil by the 
United States in Congress assembled, nor with any regu- 
lations Congress may find necessary for securing the title 
in such soil to the bona fide purchasers. No tax shall be 
imposed on lands the property of the United States; and, 
in no case, shall non-resident proprietors be taxed higher 
than residents. The navigable waters leading into the 
Mississippi and St. Lawrence, and the carrying places be- 
tween the same, shall be common highways, and forever 
free, as well to the inhabitants of the said territory as to 
the citizens of the United States, and those of any other 



APPENDIX 433 

States that may be admitted into the Confederacy, without 
tax, impost, or duty, therefor. 

Art. 5th. There shall be formed in the said territory, 
not less than three nor more than five States; and the 
boundaries of the States as soon as Virginia shall alter 
her act of cession, and consent to the same, shall become 
fixed and established as follows, to wit: The Western 
State in the said territory, shall be bounded by the Missis- 
sippi, the Ohio, and Wabash rivers; a direct line drawn 
from the Wabash and Post St. Vincent's, due North, to the 
territorial line between the United States and Canada ; and, 
by the said territorial line, to the Lake of the Woods and 
Mississippi. The middle State shall be bounded by the said 
direct line, the Wabash from Post Vincent's, to the Ohio; 
by the Ohio, by a direct line, drawn due North from the 
mouth of the Great Miami, to the said territorial line, and 
by the said territorial line. The Eastern Shore shall be 
bounded by the last mentioned direct line, the Ohio, Penn- 
sylvania, and the said territorial line: Provided, however, 
and it is further understood and declared, that the boun- 
daries of these three States shall be subject so far to be 
altered, that, if Congress hereafter find it expedient, they 
shall have authority to form one or two States in that part 
of the said territory which lies North of an East and West 
line drawn through the Southerly bend or extreme of lake 
Michigan. And, whenever any of the said States shall have 
60,000 free inhabitants therein, such State shall be ad- 
mitted, by its delegates, into the Congress of the United 
States, on an equal footing with the original States in all 
respects whatever, and shall be at liberty to form a per- 
manent constitution and State government: Provided, the 
constitution and government so to be formed, shall be 
republican, and in conformity to the principles contained 
in these articles ; and, so far as it can be consistent with the 
general interest of the confederacy, such admission shall 
be allowed at an earlier period, and when there may be .a 
less number of free inhabitants in the State than 60,000. 

28 



434 APPENDIX 

Art. 6tli. There shall be neither slavery nor involun- 
tary servitude in the said territory, otherwise than in the 
punishment of crimes, whereof the party shall have been 
duly convicted: Provided, always, That any person escap- 
ing into the same, from whom labor or service is lawfully 
claimed in any one of the original States, such fugitive may 
be lawfully reclaimed and conveyed to the person claiming 
his or her labor or service as aforesaid. 

Done by the United States, in Congress assembled, the 
13th day of July, in the year of our Lord 1787, and of their 
sovereignty and independence the twelfth. 



APPENDIX D 



HOME EULE FOR CITIES 

(A Clause in the Constitution of California) 

Sec. 8. Any city containing a population of more than 
three thousand five hundred inhabitants may frame a 
charter for its own government, consistent with and subject 
to the Constitution and laws of this State, by causing a board 
of fifteen freeholders, who shall have been for at least five 
years qualified electors thereof, to be elected by the quali- 
fied voters of said city, at any general or special election, 
whose duty it shall be, within ninety days after such elec- 
tion, to prepare and propose a charter for such city, which 
shall be signed in duplicate by the members of such board, 
or a majority of them, and returned, one copy to the Mayor 
thereof, or other chief executive officer of such city, and the 
other to the Recorder of the county. Such proposed char- 
ter shall then be published in two daily newspapers of 
general circulation in such city, for at least twenty days, 
and the first publication shall be made within twenty days 
after the completion of the charter; provided, that in cities 
containing a population of not more than ten thousand 
inhabitants such proposed charter shall be published in one 
such daily newspaper ; and within not less than thirty days 
after such publication it shall be submitted to the qualified 
electors of said city at a general or special election and if a 
majority of such qualified electors voting thereon shall 
ratify the same, it shall thereafter be submitted to 
the Legislature for its approval or rejection as a whole, 

435 



436 APPENDIX 

without power of alteration or amendment. Such ap- 
proval may be made by concurrent resolution, and if 
approved by a majority vote of the members elected 
to each house it shall become the charter of such city, 
or if such city be consolidated with a county, then of 
such city and county, and shall become the organic law 
thereof, and supersede any existing charter, and all 
amendments thereof, and all laws inconsistent with such 
charter. A copy of such charter, certified by the Mayor 
or chief executive officer, and authenticated by the seal 
of such city, setting forth the submission of such charter 
to the electors, and its ratification by them, shall, after the 
approval of such charter by the Legislature, be made in 
duplicate, and deposited, one in the office of the Secretary 
of State, and the other, after being recorded in said Re- 
corder's office, shall be deposited in the archives of th# 
city, and thereafter all courts shall take judicial notice 
of said charter. The charter, so ratified, may be amended, 
at intervals of not less than two years, by proposals there- 
for, submitted by the legislative authority of the city to 
the qualified electors thereof, at a general or special elec- 
tion, held at least forty days after the publication of such 
proposals for twenty days in a daily newspaper of general 
circulation in such city, and ratified by a majority of the 
electors voting thereon, and approved by the Legislature 
as herein provided for the approval of the charter. When- 
ever fifteen per cent, of the qualified voters of the city 
shall petition the legislative authority thereof to submit 
any proposed amendment or amendments to said charter 
to the qualified voters thereof for approval, the legislative 
authority thereof must submit the same. In submitting any 
such charter, or amendments thereto, any alternative ar- 
ticle or proposition may be presented for the choice of the 
voters, and may be voted on separately without prejudice 
to others. (This clause was amended in 1911, but the text 
as it stands shows how home rule may be secured.) 



I 



LIST OF BOOKS TO WHICH EEFERENCES ARE MADE 

1 ' ' The Rights of Man. ' ^ Lyman Abbott. 

2 ''The American Commonwealth'' (Abridged Edition). James 

Bryce. 

3 ''The American Republic." J. A. Woodburn. 

4 ' ' The Spirit of Democracy. ' ' C. F. Dole. 

5 ' ' The American Federal State. ' ' R. L. Ashley. 

6 ' ' The American Government. " A. B. Hinsdale. 

7 "American Legislature and Legislative Methods." Paul S. 

Reinsch. 

8 "The American Executive." J. H. Finley and J. F. Sanderson. 

9 ' ' The American Constitutional System. ' ' W. W. Willoughby. 

10 ' ' The American Judiciary. ' ' Simeon E. Baldwin. 

11 "Territories and Dependencies." W. F. "Willoughby. 

12 ' ' Party Organization and Machinery. ' ' Jesse Macy. 

13 ' ' Proportional Representation. " J. R. Com^mons. 

14 ' ' City Government in the United States. ' ' Frank J. Goodnow. 

15 ' ' The City, the Hope of Democracy. ' ' Frederic C. Howe. 

16 ' ' The National Administration of the United States. " J. A. 

Fairlie. 

17 ' ' The American City. " D. F. Wilcox. 

18 ' ' Local Government in Counties, Towns, and Villages. " J. A. 

Fairlie. 

19 ' ' Introduction to Public Finance. ' ' Carl C. Plehn. 

20 ' ' The Principles of Economics. ' ' Frank A. Fetter. 

21 ' ' Introduction to the Study of Economics. ' ' Charles J. Bullock. 

22 ' ' Financial History of the United States. " D. R. Dewey. 

23 ' ' American Charities. " A. G. Warner. 

24 "Socialism. A Summary and Interpretation of Socialistic Prin- 

ciples. ' ' John Spargo. 

25 ' ' Government by the People. ' ' Robert H. Fuller. 

26 ' ' American Railway Transportation. ' ' Emory R. Johnson. 

27 ' ' Labor Problems. " T. S. Adams and Helen L. Sunmer. 

28 ' ' The Liquor Problem. ' ' F. H. Wines and Johu Koren. 

29 ' ' Dependents, Defectives, Delinquents. " C. R. Henderson. 

30 * ' Readings in Civil Government. " P. L. Kaye. 

Note. Dr. Kaye's "Readings in Civil Govornmont" is nvvar.ood 
in accordance with the plan of the "Advanced Civics." and it is 
strongly reconinicnded as a most useful su]>ploiuiMit;irv volu:no- 
(535 pp. $1.20 net. The Century Co., New York.) 



43" 



These pages have been left blank for the convenience of teachers who 
wish to dictate to their classes supplementary statements in reference 
to State and local government. 



INDEX 



INDEX 



Abbott, Lyman, Eights of Man, 16 

Adams, T. S., Labor Prohlems, 376 

Admission of new States, 63 

Agriculture, Department of, 142 

Alabama, admission of, 67; local 
government in, 196;, regulation 
of sale of liquor in, 395 

Alaska, government of, 188 

Albany, convention at, 40 

Aldrich Law, 325 

Aliens, 96 

Alliances, 38 

Ambassadors, received by Presi- 
dent, 134; duties of, 258 

Amendment, of State constitutions, 
35; of the Constitution of the 
United States, 53 

American Government, complexity 
of the, 39; the characteristic 
features of, 108; the spirit of, 
109 

Anglo-Saxon, 17 

Annapolis, convention at, 46; Na- 
val Academy at, 357 

Anti Trust Law, 364, 367 

Apportionment of Keprer^entatives, 
118 

Arbitration, International, 262; of 
labor disputes, 374 

Aristocracy, defined, 6; not per- 
mitted under the Constitution, 
58 

Arizona, the government of, 186 

Arkansas, admission of, 68; local 
government in, 196; registration 
in, 345 

Army, commander-in-chief of, 134; 
support and management of, 



250-252; standing, 251; appro- 
priation for, 250 

Articles of Confederation, adopted; 
41; provisions of, 42 

Assembly, the popular, 5 

Assessments, special, 268; of prop- 
erty, 282 

Assessors, 199, 282 

Attainder, Bills of, 50 

Attorney-General, of the United 
States, 141; of. a State; 173 

Auditor, State, 173; county, 199 

Australian Ballot system, 346 



B 



Ballot, casting and counting of, 

345; the secret, 346 
Baltimore, not in a county, 195 
Banking Associations, 325 
Bankruptcy, 402 
Banks of the United States, 319; 

State, 320; national, 321 
Bill of Eights, 34; in constitutions, 

97 
Bills, passage of, in Congress, 124- 

129; in State legislatures, 163- 

165 
Bimetallism, 316; international, 

317 
Blacklists, 372 
Bland-Allison Act, 314 
Boards of Health, 391 
Bonds, 288 
Boroughs, 218 
Bryce, The American Common- 

wcaltJi, 16 
Bullock, C. J., Introduction to the 

Study of Economics, 318 
By-laws, 205 
445 



446 



INDEX 



Cabinet, 139 

California, admission of, 69; muni- 
cipal home rule in, 76; discovery 
of gold in, 313; labor clause in 
constitution of, 372 

Campaign, the presidential, 230 

Canals, the construction of, by 
States, 340 

Capitation tax, 268 

Census, 118 

Chancery Courts, 181 

Charity, a function of local gov- 
ernment, 385; State boards of, 
387; organization, 388 

Charter, the Great, 88 

Charters, colonial, 31; changed to 
constitutions, 33; of cities, 76; 
of corporations, 360 

Chinese, cannot become citizens, 
96; exclusion of, 334 

Chisholm vs. Georgia, 153 

Circuit Court of Appeals, organiza- 
tion of, 149; jurisdiction of, 156 

Circuit Courts (federal), organiza- 
tion of, 149; jurisdiction of, 156 

Circuit Courts (State), 178 

Cities, the nurseries of democracy, 
11; how governed, 76; rights of, 
77; organization of, 218-222; 
finances of, 292 

Citizens, who are, 95 

Citizenship, origin of, 6; inter- 
state, 59; rights and duties of, 
95-100 ; the civil rights of State, 
96; the civil rights of federal, 
98; duties of, 100 

City Council, 219 

City-state, the, 6 

Civil cases, 155 

Civil liberty, 87-93 ; growth of, 88- 
92; preservation of, 93 

Civil Service, the national, 143; re- 
form, 144 

Civil Service Commission, 143 

Clay, Henry, 81 

Cleveland, F. A., Growth of Democ- 
racy, 16 

Coinage, a function of government, 
307; in colonial times, 307; of 



gold and silver, 311-317; ratio 
of silver to gold, 312; subsidi- 
ary, 315 
Collection of taxes, federal, 275: 

State, 284 

Collective Bargaining, 374 

Colorado, admission of, 68; wo- 
man's suffrage in, 105; local 
government in, 196 

Combination, corporate, develop- 
ment of, 361-365 

Commerce, attempts to regulate, 
46; regulation of, 129; foreign, 
328-335; interstate and intra- 
state defined, 337; foreign regu- 
lated by Congress, 328; regula- 
tion of interstate, 33b; luiia- 
state, 339; Court of, 154, 339 

Commerce and Labor, department 
of, 142 

''Commission" system of muni- 
cipal government, 222 

Commissioner of Education, 357 

Committees, of Congress, 125; of 
State Legislatures, 163 

Common law. State recognition of, 
55; its origin and nature, 243 

Common Schools, 356 

Comptroller, duties of State, 173 

Concurrent powers, 49 

Confederation, 38; Articles of, 41; 
its weaknesses, 43; efforts to 
strengthen, 46 

Congress (Continental). See Con- 
tinental Congress 

Congress (of the Confederation), 
its powers, 42; enacts Ordinance 
of 1787, 65 

Congress (of the United States), 
powers of, 129; admits new 
States, 63; reenacts Ordinance 
of 1787, 65; its place in Ameri- 
can politics, 120; organization 
of, 115-120; the assembling and 
adjournment of, 123; sessions 
of, 124; and the executive de- 
partment, 136; determines juris- 
diction of federal courts, 155; 
controls Territories and Depen- 
dencies, 184; declares war, 249; 
the treaty power of, 260; its 



INDEX 



447 



poTver in respect to taxation, 
272; its power in respect to 
money, 307; charters banks, 320; 
regulates foreign commerce, 
328; and the representation of 
States, 104; regulates interstate 
commerce, 338; appropriates 
money for rivers and harbors, 
340 ; charters transcontinental 
railways, 360; controls the post- 
office, 341; the police power of, 
395; enumeration of the powers 
of, 402; resolutions of, 401 

Connecticut, frames the first writ- 
ten constitution, 32; in the con- 
vention of 1787, 117; road com- 
missioners in, 340; text of the 
first constitution of (Appendix 
B) 

Constable, 207 

Constitutional government, 31-36 

Constitution (of the United 
States), its authority given by 
the people, 9; a fundamental 
law, 33; framing and ratifica- 
tion of, 47; a distinct creation, 
48; nature and extent of its 
powers, 49-52; how amended, 
53; federal and State relations 
maintained by, 60 ; bill of rights 
in, 92; and the Supreme Court, 
157-159 

Constitutions, the first written, 
32 ; general features of, 34 ; rati- 
fied by the people, 35; supplant 
the colonial charters, 33 ; the 
safeguard of liberty, 36, 92 

Constitutions (State), origin of, 
32 ; how ratified and amended, 
36 ; bills of rights in, 97 ; should 
not be codes of laws, 166; pro- 
visions in respect to labor, 372 

Consuls, 258 

Continental Congress, meets in 
Philadelphia, 40; its activities, 
41; issues of paper money by, 
308 

Convention of 1787, meets in Phila- 
delphia, 47 ; frames a Constitu- 
tion, 48; how it distributed the 
power of government, 49-51; 



provides for a federal legisla- 
ture, 116; creates a strong ex- 
ecutive, 132; establishes an in- 
dependent judiciary, 147; gives 
the taxing power to Congress, 
272 ; gives Congress the power to 
regulate commerce, 328 

Conventions of political parties, 
227-230 

Copyright, 364, 402 

Coroner, 199 

Corporation defined, 75 

Corporation tax, defined, 267; re- 
form in the, 298 

Corporations, two forms of, 75 

Corporations (municipal), 75; two 
classes of, 217; organization of, 
218-222; sphere of their activi- 
ties, 222 

Corporations (private), created by 
State authority, 360; great im- 
portance of, 361; evolution of, 
362; Bureau of, 367; the prob- 
lem of, 365-368 

Council, the King 's, 5 

County, the organization of, 197- 
200; in the south and southwest, 
195; in the middle States and 
the west, 196; in New England, 
197; commissioners of, 198; the 
citizen and his, 200 

County-Township system, 210 

Courtesy, senatorial, 130 

Court of Claims, 150 

Courts (federal), four grades of, 
149-150; kinds of cases tried in, 
151; jurisdiction of the four 
grades of, 155; their relation to 
State courts, 181 

Courts (State), organization of, 
177-180; their relation to fed- 
eral judiciary, 181; their powers, 
181 

Courts of Appeal (State), 180 

Crime, 377-383; proportioned to 
the offense, 88; definition of, 
377; punishment of, 378; State 
defines and punishes, 379; crime 
and the federal government, 
380; prevalence of, 381; preven- 
tion of, 382 



448 



INDEX 



Criminal cases, 155 
Criminalitj, 383 
Criminals, surrender of, 59 
Currency, metallic, 311-317 ; paper, 

319; amount of, in the United 

States, 326 
Customs Duties, defined, 268; a 

source of revenue, 275; amount 

collected, 333 



Debt. See Public Debt 

Declaration of Independence, 41; 
its principles, 91 

Defectives, 387 

Defense, 249-254; a function of 
government, 249; national de- 
fense, 249-253; State, 253; lo- 
cal, 253 

Delaware, hundred in, 210; road 
commissioners in, 340 

Delinquent property, 284 

Demagogues, 14 

Democracy, ancient, 7; in the 
United States, 12; growth of, 
10-12; pure, 10; checked by feu- 
dalism, 11; supported in cities, 
11; and the individual, 15; and 
education, 351 

Democratic Party, 81 

Demonetization of silver, 313 

Department, organization of a fed- 
eral executive, 142 

Departments, the three, 24-29; in 
England, 25; in the United 
States, 25; the independence of, 
28 

Dependencies, how they differ from 
Territories, 184; government of, 
184-193; education in, 357 

Dingley Bill, 332 

Direct nominations, 231 

Dispensary system, 395 

District Courts (federal), organi- 
zation of, 148, 150; jurisdiction 
of, 156 

District Courts (State), 178-180 

District of Columbia, government 
of, 188; courts in, 151 



E 



Education, encouraged by Ordi- 
nance of 1787, 65; the State 
superintendent of, 173; county 
superintendent of, 200; school 
directors, 213; a function of 
government, 351; and democ- 
racy, 351; a local affair, 353; 
supported by local taxation, 354 ; 
supervision in, 354; educational 
activities of federal govern- 
ment, 356 

Election of representatives, 119 

Elections, 344-349; importance of, 
344; held under State authority, 
344; casting and counting of 
ballots, 345; secret, 346; bribery 
at, 347; should be frequent, 349 

Elective franchise, 103 

Electorate, the American, 105 

Electors, presidential, 132, 231 

Elkins Law, 339 

Embargo, 329 

Emergency Currency, 325 

England, representative govern- 
ment in, 18; the three-depart- 
ment system in, 25; Trade 
Unions in, 370 

Equalization of taxes, 283 

Equity Cases, 155; courts, 181 

Erie Canal, 340 

Estimates, Board of, 220 

Excises, defined, 268; source of 
federal revenue, 275 

Executive, the, 28 

Exemption from taxation, 285 

Expansion, of the Union, 63-70; 
spirit of federal, 70 

Expenditures, national, 265, 272- 
275: State, 266, 280; local, 280, 
286,' 291-293 

Ex post facto laws, 50 

F 

Family, the ancient, 4 
Federal government. See Govern- 
ment (federal) 
Federalist Party, 81 
Fees, 268 



INDEX 



449 



Feudalism, 10 

Finance, public, 265. See Taxation 

Florida, admission of, 67; local 
government in, 196 

Franchise, elective, 103. See 
Suffrage 

Franchise tax, 267 

Franklin, Benjamin, his Plan of 
Union, 40; submits plan of 
confederation, 41; efforts to 
strengthen the Union, 46; sup- 
ports the Connecticut compro- 
mise, 117 

Free Trade and Protection, 329 

French Eevolution, 12, 266 



G 



Georgia, early legislature of, 162; 
election of judges in, 177; local 
government in, 196; sale of li- 
quor in, 395 

Gerrymandering, 119 

Gold, monetary properties of, 306; 
coinage of, 311, 315 

Government, defined, 4; the several 
types of, 6; classification of, 7; 
and the individual, 15; separa- 
tion of the powers of, 24; the 
complexity of the American, 39; 
ideal schemes of, 246; how it 
borrows, 288 

Government, civil, and martial law, 
254 

Government, constitutional, 31-37 

Government (federal), 38; growth 
of American, 39-49 ; its exclusive 
powers, 49; powers prohibited 
to, 50; implied powers, 51; rela- 
tion of, to the State, 57; expan- 
sive principle of, 70; its relation 
to commerce, 329; and elections, 
344; and education, 357; and 
corporations, 360; and labor, 
371; and charity, 385; and 
crime, 380 

Government (local), the functions 
of, 72; its relation to the State, 
74; decentralization of, 74; its 
dependence, 77 ; guaranteed by 
Magna Carta, 89; importance of, 

29 



195; the debts of, 291-293; con- 
trols education, 353; dispenses 
charity, 385 

Government (popular), 9-15; de- 
fined, 9; growth of, 10-12; in 
the United States, 12; why it is 
the best, 12 ; the dangers of, 13 ; 
responsibility under, 15, 109; in 
New England, 19 

Government (representative), 17- 
22; defined, 17; beginning of, 
18 ; growth of, 18 ; in the United 
States, 19; principles of repre- 
sentation, 19 

Governor, the duties of, 171; 

strengthening the power of, 174 

Grand jury, 179 

Greenback party, 82 

Greenbacks. See United States 
notes 

Gresham's Law, 312 

Guam, the government of, 192 



Habeas Corpus, 89, 98 

Hamilton, Alexander, efforts to 
strengthen the Union, 46; his 
doctrine of resulting powers, 52 ; 
author of The Federalist, 62; 
leader of the Federalist party, 
81; and public debt, 289; and 
the United States bank, 319 

Hawaii, its government, 189 

Health, 391 

High license, 394 

High Schools, 356 

House of Kepresentatives, organi- 
zation of, 115-119; legislation 
in, 124-127; revenue bills origi- 
nate in, 274; its attitude in ref- 
erence to treaties, 261 

Hundred, the, in Anglo-Saxon 
times, 18; in Delaware, 210 



Idaho, admission of, 69; woman 
suffrage in, 105; labor clause in 
constitution of, 372 

Illinois, admission of, Q>Q; minority 



450 



INDEX 



representation in, 21; canal con- 
struction in, 340; intermediate 
courts of appeal in, 180; town- 
ship government in, 212; town 
government in, 208; debt of, 291 

Immigration, regulation of, 334 

Impeachment, 129 

Incidence of taxation, 297 

Income tax, 267; a direct tax, 277; 
discussed, 299 

Independence, Declaration of, 41, 
91 

Indeterminate sentences, 383 

Indiana, admission of, 66; town- 
ships in, 211; canal construction 
in, 340 ; registration in, 345 

Indians, treatment of, 65; when 
citizens, 96; commerce with, 
328; schools for, 357 

Indian ' ' Territory, ' ' government 
of, 187 

Indifference, 13 

Individualism, 239 

Industrial commission, its remedies 
for the trusts, 366 

Industrial revolution, 361 

Inheritance tax, 267 

Initiative and Keferendum, 167 

Injunction, writ of, 182 

Intelligence, transmission of, 341 

Intemperance, 393-395 

Interior, Department of, 142 

Internal revenue taxes, 268, 275 

International bimetallism, 316 

International law, defined, 257; 
rules of, 257 

International relations, 256-262 

Interstate commerce, 337-339 

Interstate Commerce Commission, 
organization of, 143; its powers, 
339 

Interstate relation, 58 

Iowa, admission of, 68 ; revision of 
constitution in, 36 ; townships in, 
211; registration in, 345; debt 
of, 291 

J 

Jackson, Andrew, his use of the 
veto, 135; opposes United States 
banks, 320 



Jaj, John, quoted, 152; Jay's 

Treaty, 261 
Jefferson, Thomas, his strict con- 
struction views, 52; leader of 
Democratic Party, 81; reduces 
national debt, 290; opposes 
banks of the United States, 320 
Judiciary, its powers, 27 
Judiciary Act of 1789, 148 
Judiciary (the federal), 147-160; 
the independence of, 147; organ- 
ization of, 148-151; jurisdiction 
of, 155-160 
Judiciary (State), 177-182 
Jurisdiction, the several kinds of, 

155 
Jury, trial by, 89, 155, 179 
Justice, Department of, 141 
Justices of the Peace, 178 



Kansas, admission of, 68; town- 
ship government in, 211; regis- 
tration in, 345; prohibition in, 
394 

Kentucky, admission of, 64; local 
government in, 196; registration 
in, 345 



Labor, 369-375; growth of labor 
organizations, 369-371; laws con- 
cerning, 372 ; settlement of labor 
disputes, 373; arbitration of la- 
bor disputes, 375; problems of, 
375 

Law, 242-248; definition of, 242; 
classification of laws, 243; pub- 
lic law, 242; private law, 243; 
common law, 243; characteristic 
features of law, 244; and public 
opinion, 245-247; sumptuary, 
247; obedience to, 247; martial, 
254 

Legislature, its powers, 26; the bi- 
cameral, 27 

Legislature (State), organization 
of, 162-167; its control of mu- 
nicipalities, 76; general features 



INDEX 



451 



of, 163; its importance, 165; 
should be trusted, 166 

Liberalism, 239 

Liberty, safeguarded by constitu- 
tions, 36, 92 

Library of Congress, 143 

Lieber, Francis, Civil Liberty, 94 

Lieutenant-Governor, 172 

Lilly, W. S., quoted, 15 

Lincoln, Abraham, 82 

Local option, 394 

Lockouts, 374 

Louisiana, admission of, 67; courts 
of, 180; local government in, 
196; labor clause in constitution 
of, 372 

Louisiana Purchase, 67 



M 



McKinley Bill, 332 

Madison, James, joint author of 
The Federalist, 62; opposes 
United States banks, 319 

Magna Carta, 88 

Maine, admission of, 67; referen- 
dum in, 167; road commissioners 
in, 340; prohibition laws in, 394 

Majority, rule of, 9 

Marbury vs. Madison, 159 

Marshall, John, quoted, 53; his in- 
terpretation of the Constitution, 
159 

Marshal of federal courts, 151 

Martial law, 254 

Maryland, local government in, 
196; sends commissioners to 
Mount Vernon, 46; building of 
roads in, 340 

Massachusetts, permits Maine to 
vrithdraw, 67 ; coinage in colo- 
nial times, 307 ; road commis- 
sioners in, 340; public-school 
system, 352 

Mayor, duties of, 220 

Message of the President, 134 

Michigan, admission of, 66; mi- 
nority representation in, 21 ; 
township government in, 212 ; 
town government in, 208; ca- 
nals in, 340; debt of, 291 



Militia, 253 

Mill, J. S., quoted, 237 

Ministers, 258 

Minnesota, admission of, 68 ; muni- 
cipal home rule in, 76; township 
government in, 211; town gov- 
ernment in, 208 

Minority representation of, 20 

Mississippi, admission of, 66; local 
government in, 196 

Missouri, admission of, 67; muni- 
cipal home rule in, 76 ; courts of, 
180; township government in, 
211; referendum in, 167; regis- 
tration in, 345 

Monarchy, 6 

Money, 304-326; different kinds 
of, 304; paper, 307, 319-324; 
issues of Continental Congress, 
308 ; metallic, 311-317 ; represen- 
tative, 309; coinage of, 306, 311- 
315; essential facts of monetary 
system, 325; amount of, in the 
United States, 326 

Monometallism, 316 

Monopoly, 364; suppression of, 367 

Montana, admission of, 68 

Morality, the public, 393-395 

Morrill Bill, 332 

Municipal corporations, 75; char 
ters for, 76; control of, 77 

Municipalities, organization of, 
216-222; functions of, 222; 
commission system of governing, 
222; debt of, 291 



N 



National and federal government 
contrasted, 116 

National banks, 322 

National Convention, 230 

Naturalization, process of, 96 

Naval Academy, 357 

Navy, Department of, 142 ; Secre- 
tary of, 252; policy in reference 
to, 252; strength of, 253 

Nebraska, ndmission of, 68; the 
debt of, 291 ; town government 
in, 208; townships in, 211; regis- 
tration in, 345 



452 



INDEX 



Nevada, admission of, 69 

New England, popular government 
in, 19 ; town government in, 203- 
208; Confederation, 39 

New Hampshire, registration in, 
345 

New Jersey, in the convention of 
1787, 116; courts in, 180; road 
commissioners in, 340 

New Mexico, its government, 186 

New York, relinquishes claim to 
Vermont, 64; its supreme court, 
180; surrogate court in, 199 
township government in, 210 
road commissioners in, 340 
builds Erie Canal, 340; registra- 
tion in, 345; State Board of 
Charities, 388 

Nobility, titles of, 50 

Nominating conventions, 227- 230 

Nomination of candidates, 225; 
direct, 231 

Non-importation Act, 329 

Normal schools, 356 

North Carolina, ratifies the Consti- 
tution, 48; local government in, 
196 

North Dakota, admission of, 68; 
township government in, 211; 
town government in, 208; labor 
clause in constitution of, 372; 
prohibition in, 394 

Northwest Territory, 65 



O 



Ofiace, the right of holding, 105 

Ohio, its admission, 66; township 
government in, 211 ; canal con- 
struction in, 340 ; registration in, 
345; debt of, 291 

Oklahoma, referendum in, 167; 
townships in, 211; prohibition 
in, 394 

Oligarchy, 7; not permitted under 
Constitution, 58 

Ordinance of 1787, its provisions, 
65; and the public schools, 356; 
text of (Appendix C) 

Ordinances, 220 

Oregon, admission of, 69; referen- 



dum in, 167; " recall '^ in, 23; 

plan of electing senators, 122 
Oregon country, 69 
Original packages, 395 
Orphan's court, 199 
Overseers of the poor, 200 



Panama Canal Strip, 189 

Pardon, the power of, 134, 171 

Parliament, English, the first, 18; 
representation in, 18; its origi- 
nal organization, 26; claims the 
power of taxation, 266; its labor 
laws, 370 

Parties, origin of, 79; sketch of, 
81-83; elasticity of principles 
of, 83; loyalty to, 84; and the 
election of the President, 133; 
origin of, 79-81; the nomination 
of candidates by, 225; the devel- 
opment of party organization, 
226; permanent committees of, 
227; primaries, 228; nominating 
conventions of, 229 

Partnerships, 362 

Passports, 140, 259 

Patents, 364, 402 

Payne Tariff Law, 333 

Penn, William, quoted, 21 

Pennsylvania, minority representa- 
tion in, 21; early legislature of, 
162; its courts, 180; township 
government in, 211 ; its aid to 
public schools, 355; road com- 
missioners in, 340 

Pensions, 386 

People and their representatives, 
21 

Petition of Right, 89 

Philadelphia, Continental Congress 
meets in, 40; Convention of 1787 
held in, 47 

Philippine Islands, the government 
of, 191 ; use of silver in, 315 

Piracy, 380 

Plan of union, 40 

Police power, 390-395; defined, 
390 ; exercised by State, 391 

Policemen, 254 



INDEX 



453 



Political rights, 102-106; of 
women, 105 

Politics, origin of, 6 

Poll tax, 268 

Pools, 364 

Popular government, 9-15. See 
Government (popular) 

Porto Eico, the government of, 190 

Posse comitatus, 253 

Post-oflfice, Department of, 141; 
controlled by Congress, 341; its 
services, 342 

Powers of federal government, 49- 
54; of the States, 56; prohibited 
to the States and to the federal 
government, 50; concurrent, 49; 
of Congress, 129 

Presidency, succession to, 136 

President of the United States, 
election of, 132, 231; powers and 
duties of, 134; his share in law- 
making, 135 ; the personality of, 
137; and his cabinet, 139; nomi- 
nation of, 227-230; as com- 
mander-in-chief, 251; and the 
militia, 253; appoints diplo- 
matic representatives, 260 

Primary meeting, 228 

Probate courts, 181 

Progressive taxation, 301 

Prohibition, 394 

Prohibition Party, 82 

Property tax, 267 

Protection and fre 

Prothonotary, 199 

Publicity, 367 

Public debt, 288-294; necessity of, 
288; the national, 289; of the 
States, 290; of local govern- 
ments, 291; how paid, 293 

Public lands and public schools, 
356 

Public opinion, 245-247 

Public schools. See Education 



E 



Eailroads, taxation of, 298; and 
the interstate commerce commis- 
sion, 339; regulation of the 
rates of, 339; State commis- 



sioners for regulation of, 340; 
chartered by State, 340 

Eatio of representation, 119 

''Eecall," 23 

Eedemption of Treasury notes, 314, 
324 

Eeferendum, 167 

Eegistration of voters, 345 

Eelief, outdoor and indoor, 386 

Eeligious liberty, 97 

Eepresentation, principles of, 19; 
of the minority, 20; of States in 
Congress, 104; ratio of, 119; 
and taxation, 266 

Eepresentative government, 19-22. 
See Government (Eepresentative) 

Eepresentatives (House of), 118; 
apportionment of members of, 
118; the election of members of, 
119; at work, 124-126 

Eepublic defined, 7 

Eepublican Party, 82 

Eesolutions of Congress, 401 

Eesponsibility of the individual, 15 

Ehode Island, ratifies Constitution, 
63 ; county in, 197 ; road commis- 
sioners in, 340 

Elvers and Harbors, 340 

Eoads, 339 

Eules of the House of Eepresenta- 
tives, 126 



S 



Safety, the public, 392 
St. Louis, not in a county, 283 
Salaries of federal officers, 143 
Samoa, the government of, 192 
School district, 353 
Secession, 63 

Secretary of State, of the TTnited 
States, 140, 260; of a State, 172 
Selectmen, 206 

Seligman, E. E. H., quoted, 300 
Senate (of the United States), rep- 
resentation in, 117 ; eleetiofl of 
membei*s of, 120 ; its organiza- 
tion, 127; at work, 128; ratifies 
treaties and confirms appoint- 
ments, 130 
Sheriff, 198 



454 



INDEX 



Sherman Act, 314 

Shipping, foreign, 333 

Shiremoot, 18 

Silver, coinage of, before 1873, 
311-313; demonetization of, 
313; its properties as a medium 
of exchange, 306; silver certifi- 
cates, 314 

Single tax, 301 

Sinking fund, 293 

Slavery, prohibited by ordinance 
of 1787, 65; abolished, 82 

Smith, Adam, his canons of taxa- 
tion, 270 

Smithsonian Institution, 143 

Social Democratic Party, 82 

Socialism, 239 

Society, definition of, 3 

South Carolina, local government 
in, 196; progressive taxation in, 
301; its dispensary system, 395 

South Dakota, admission of, 68; 
referendum in, 167; township 
government in, 211; town gov- 
ernment in, 208 

Sovereign government, 4 

Speakership of the House of Kep- 
resentatives, 125 

Spirit, the American, 109-111 

Stamp Act Congress, 40 

State, evolution of the, 4-6; or- 
ganization of the early, 5 

State banks, 320 

State, Department of, 140 

Statehood, provisions concerning, 
63 

States (Commonwealths), constitu- 
tions of, 32-36; under the Arti- 
cles of Confederation, 43; pow- 
ers prohibited to, 50; reserved 
powers of, 51, 56; governments 
of, 55; powers of, 56; relation 
of, to federal government, 59-61; 
their relation to each other, 58; 
right to self-government, 58; in- 
terstate influence, 59; the thir- 
teen original, 63; admission of 
new, 63 ; regulation of the suf- 
frage by, 103-105; executive 
officers of, 170-175; legislatures 
of, 162 -168 ; judicial system of, 



177-182; the taxing power of, 
280; control interstate com- 
merce, 339; control elections, 
344; control public education, 
352; define and punish crime, 
378; their control of corpora- 
tions, 360; regulate labor, 371; 
wield the police power, 391 

State's Attorney, 200 

Strikes, 374 

Suffrage, history of, 102; con- 
trolled by State, 103 ; for women, 
105 

Sumptuary laws, 247 

Superintendent of public instruc- 
tion (State), 173 

Supreme Court (State), 180 

Supreme Court of the United 
States, decides between State 
and federal governments, 57; es- 
tablished by Constitution, 148; 
organization of, 150; jurisdic- 
tion of, 157; and the Constitu- 
tion, 157-160; and the people, 
160 

Surrogate's Court, 199 



T 



Tariff, 329-333; free trade and 
protection, 329; instability of, 
333; history of, 330-333; reve- 
nue raised by, 274, 333 

Tax, definition of, 267 ; the general 
property, 267; the income, 267; 
the corporation, 267, 298; the 
inheritance, 267; the franchise, 
267; the poll or capitation, 268; 
the customs, 268 ; the excise, 
268; the license, 268; the single, 
301 

Taxation, 265-302; the source of 
the taxing power, 266; and rep- 
resentation, 88, 266; direct and 
indirect, 268; principles of, 269; 
federal power of, 272; taxing 
power of State, 280; State sys- 
tem of, 281-286; property ex- 
empt from, 286; equalization of, 
283; incidence of, 297; difficul- 
ties of, 296; problems of, 296- 



INDEX 



455 



302; of corporations, 298; of 
personal property, 300; of rail- 
roads, 299; of franchises, 299; 
progressive, 301; for education, 
353 

Taxes, different kinds of, 267-269 

Telegraph, how controlled, 341 

Tennessee, admission of, 64; local 
government in, 196 

Territories, 184-193; governed by 
Congress, 185; on the American 
continent, 186-189; insular, 189- 
193 

Texas, annexation of, 69; courts 
of, 180; local government in, 
196; registration in, 345 

Tobacco as money, 304 

Tonnage duties, 280 

Town, the New England, 203-208; 
origin of, 203; officers of, 206; 
civic influence of, 207; its influ- 
ence outside New England, 208 

Town meeting, the New England, 
205 

Towns, 216, 218 

Township, 210-214; in New York, 
211; in Pennsylvania, 212; func- 
tions of, 213 ; organization of, 
213; and good citizenship, 214; 
area and division of, in the West, 
356 

Trade unions, 369-371; in Eng- 
land, 370; in the United States, 
371; aims of, 371; recognized 
by government, 372 

Treason, 381 

Treasury, Department of, 141 

Treasury notes, 314 

Treaties confirmed by Senate, 130; 
described, 260 

Tribe, organization of the, 4 

Trust agreements, 364 

Trusts, development of, 361-365; 
extent of, 365 ; advantages and 
disadvantages of, 366; problem 
of, 365-368; efforts to control, 
367 

Tutuila, 192 

Tyranny, 14 



U 



United States, a federal republic, 
39; separates from England, 41; 
under the Articles of Confedera- 
tion, 41-47; establishes a federal 
government, 48; the original 
boundaries of, 63; expansion of, 
64-70; three grades of govern- 
ment in, 73; political parties in, 
79-84; and its dependencies, 
184-193; foreign policy of, 262; 
army and navy of, 250-253; 
financial system of, 272-277; 
monetary system of, 304-325; 
banks of, 319 ; crimes against, 
380 ; its educational activities, 356 

United States banks, 319; opposed 
by Jackson, 320 ; collapse of, 320 

United States Notes, 289, 322-325 ; 
issue of, 323; redemption of, 
324; legality of, 324 

Universities, 356 

Utah, admission of, 69; woman 
suffrage in, 105; eight-hour law 
in, 373 



Vermont, admission of, 64 ; changes 
form of legislature, 162 

Veto power, 28 ; of President, 135 ; 
of governor, 172 

Vice-President, 136 

Villages, 218 

Virginia, first legislature in, 19; 
sends commissioners to Mount 
Vernon, 46; in Convention of 
1787, 117; early county in, 196 

Voters, qualifications of. 103; du- 
ties of, 105 



W 



War, Department of, 141; Secre- 
tary of, 251; declared by Con- 
gress, 250; mnnagcmeut of. 251 

Washington, George, on the inde- 
pendence of the departments, 
29; efforts of, to strengthen 



z^f/? fj>.yi!>. 



456 



INDEX 



Union, 46; President, 48; elec- 
tion of, 133; and his secretaries, 
140 

Washington (city), 188 

Washington (State), admission of, 
69; mnBicipal home rule in, 76 

West Point, academy at, 357 

West Virginia, admission of, 67; 
local government in, 196; regis- 
tration in, 345 



HI 



Whig party, 81 

Wilson Bill, 332 

Wisconsin, admission of, 66; town 
government in, 208; township 
government in, 211; registra- 
tion in, 345 

Women, the political rights of, 105 

Wyoming, admission of, 68; fe- 
male suffr-age in, 105; labor 
clause in constitution of, 372 



LIBRARY OF CONGRESS 



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